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THE 


CHARTER  MD  ORDINMCES 


OF  THE 


CITY  OF  PORTLAND, 


TOGETHER  WITH 


ACTS  OF  THE  LEGISLATURE, 

RELATING  TO  THE  CITY, 

AND    TO    MUNICIPAL    MATTERS. 


COLLATED  AND  REVISED  BY 

A    JOINT    COMMITTEE    OF    THE    CITY    COUNCIL, 

ASSISTED  BY 

CLAKENCE  HALE,  Esq.,  City  Solicitor. 


•■^x. 


PORTLAND,    MAINE  I 

DRESSER,  McLELLAN  &  COMPANY. 

1881.. 


PRESS  OP 

Charles  E.  Nash, 

AUGUSTA. 


CITY  OF  PORTLAND. 


In  Board  of  Mayor  and  Aldermen, 

April  5th,  1880. 

Ordered,  That  a  committee  consisting  of  two  on  the  part  of 
this  Board,  and  such  as  the  Common  Council  may  join,  be 
appointed,  whose  duty  it  shall  be  to  cause  the  ordinances  of  the 
city  to  be  revised,  collated  and  arranged  for  publication,  together 
with  the  city  charter  and  such  statute  laws  as  are  applicable  to 
the  affairs  of  the  city. 

That  the  committee  shall  make  report  to  the  city  council  from 
time  to  time  any  changes  required  to  be  made,  or  deemed  neces- 
sary to  make  in  the  ordinances  of  the  city.  And  that  the  com- 
mittee have  power  to  employ  such  assistance  as  they  deem 
expedient  to  prosecute  the  work,  the  clerk  hire  not  to  exceed 
five  hundred  dollars,  the  expense  to  be  paid  from  the  contingent^ 
fund. 

Read  and  passed  ;  and  appointed,  on  part  of  this  Board, 
Aldermen  Andrews  and  Chapman.     Sent  down. 

In  Common  Council.      Read  and  passed  in  concurrence  :  and 
joined  to  committee  M.essrs.  Melcher,  Duddy  and  Thurston. 
Approved,  April  7,  1880. 


116880 


CITY  OF  PORTLAND. 


Ix  Board  of  Mayor  axd  Aldermex, 

March  14,  1881. 
Ordered^  That  a  joint  special  committee  of  two  on  the  part  of 
this  Board  and  three  on  the  part  of  the  Common  Council  be 
appointed  .to  supervise  the  work  of  printing  and  binding  the 
revised  ordinances  of  the  city  under  the  contract  made  by  order 
of  the  last  City  Council  through  its  committee  on  revised 
ordinances. 

Read   and   passed ;  and  api)ointed   Aldermen    Chapman   and 

AVinslow,  and  sent  dow^n. 
I 

In  Common  Council.     Read  and  passed  in  concurrence,  and 
appointed  Messrs.  Melcher,  Duddy  and  Thurston. 

Approved,  March  15,  1881. 


PEEFACE 


The  City  Council,  by  the  foregoing  orders,  authorized  a 
revision  and  compilation  of  the  city  ordinances,  together  with 
the  city  charter  and  such  statutes  as  should  be  applicable  to  city 
affairs.  The  committee  to  whom  the  work  was  assigned  have 
attended  to  their  duty,  with  the  assistance  of  Clarence  Hale, 
Esq.,  City  Solicitor,  and  present  this  book  as  the  result  of  their 
labors.  In  the  preparation  of  this  work  the  general  plan  adopted 
in  previous  editions  has  been  substantially  followed,  because  the 
arrangement  is  familiar  to  members  of  the  city  government  and 
to  our  citizens.  The  historical  and  explanatory  notes  have  been 
enlarged,  and  a  great  number  of  references  have  been  made  to 
judicial  decisions.  These  notes  and  references  have  been  made  with 
as  much  brevity  and  conciseness  as  possible,  and  are  inserted 
not  Avith  the  idea  of  making  this  book  a  treatise  on  municipal 
law,  but  in  the  hope  that  city  officers  and  members  of  com- 
mittees, in  their  departments,  may  find  some  helpful  suggestions, 
and  some  answers  to  the  inquiries  that  constantly  arise  as  to  the 
rights  of  the  city  and  the  duties  of  its  various  officers  and  agents 
in  the  administration  of  municipal  affairs.  With  this  object  in 
view  more  general  statutes  relating  to  municipal  matters  are 
printed   in    this   volume  than    have  been   in   former   editions, 


8  PKEFACE. 

although  it  would  be  obviously  impossible  that  all  the  laws  bear- 
ing on  those  matters  could  be  embraced  in  a  book  of  this  .size. 
The  citations  from  statutes  are  made  from  the  revised  statutes  of 
1871,  and  from  the  yearly  statutes  since  that  time.  This  has 
involved  much  more  labor  in  compilation  than  would  have  been 
necessary  if  the  revision  of  the  State  statutes,  now  in  progress, 
had  been  completed.  In  many  cases  statutes  bearing  on  munici- 
pal afiairs  have  been  only  referred  to  without  taking  the  space  to 
quote  their  language,  but  in  nearly  all  cases  where  statutes  have 
been  quoted  at  all,  they  have  been  printed  in  full  from  the  orig- 
inal laws.  The  ordinances  passed  since  the  last  revision  in  1868, 
both  those  in  the  Municipal  Eegistry  of  1880  and  those  made 
since  its  publication,  are  compiled  without  change,  and  grouped 
in  their  proper  chapters  with  the  ordinances  already  printed  in 
the  edition  of  1868. 

In  the  execution  of  the  plan  of  the  committee  the  volume 
contains : 

1st,  The  ordinances  of  the  city. 

2d,  The  city  charter  and  special  acts  of  the  legislature  relating 
to  the  city,  collated  under  appropriate  titles  and  chapters ;  also 
special  acts  bearing  upon  our  railroad,  and  other  public  interests, 
as  well  as  some  agreements  and  citations  from  records  bearing 
on  those  interests. 

3d,  Such  notes  and  memoranda  of  judicial  decisions  as  are 
deemed  necessary  and  useful,  so  far  aj?  space  would  permit. 

4th,  An  appendix  containing  the  Rules  and  Orders  of  the 
City  Council  and  of  the  two  Boards,  and  a  catalogue  of  the  City 
Council  since  the  incorporation  of  the  city. 

Portland,  November,  1881. 


CONTENTS. 


PAGE. 

City  charter  and  amendments, 25 

Agents, • 47 

Amusements, 63 

Assemblies, 65 

Auctions  and  auctioners, 58 

Boats  and  Lighters, 61 

Boundary  lines, " 63 

Bread,  assize  of, 67 

Bridges, ^    .......    68 

Buildings, 75 

Carriages, 79 

Cemeteries, 92 

Children,  abused  and  neglected, 110 

City  auditor, 113 

City  clerk, 117 

City  constable  and  messenger,         .        , 128 

City  council, 129 

City  engineer, 130 

City  (now  Market)  Hall, ..133 

Clerk  of  the  common  council, 135 

Constables, 136  ^ 

Contracts  and  expenditures, 137 

Cows, 140 

Criers, 141 

Dogs, 142 

Drains  and  sewers, 145 

Elections, 154 

Ferries, 174 

Finance, 179 


10  CONTENTS. 

PAGE. 

Fire,        .        .        . 186 

Flour, 210 

Gas, 212 

Gunpowder, 222 

Harbor  of  Portland, 229 

Hawkers  and  pedlers, •        .        .        .        .  240 

Hay, 243 

Health, , 246 

Histories  of  cities  and  towns, 277 

House  of  Correction, 278 

Industrial  school, 280 

Innholders  and  victualers, 281 

Intelligence  offices, 285 

Jurors, 286 

Lamps  and  lamp  posts, 291 

Leather, 293 

Libraries, 295 

Lumber, 296 

Lunatics,        . 301 

Manufacturing  establishments, 305 

Manures,  commercial, 307 

Milk, 309 

Municipal  court, .  312 

Nuisances, -    .        .  317 

Ordinances  and  by-laws, .  323 

Paupers, 327 

Pawn  brokers, 337 

Permits, .  339 

Petroleum,  inspection  of, 340 

Pilots, 342 

Police, 344 

Public  buildings, 352 

Public  Parks  and  squares, 359 

Railroads, .  362 

Rebuilding  of  burned  district,         ....        .        .        .        .416 

Riots, 420 

Sale  of  second  hand  articles,  junk,  &c 424 

Schools, 426 

Seal  of  the  city, 447 

Sinking  fund, 450 


CONTENTS. 


11 


PAGE. 

Solicitor, 452 

Steam, 454 

Streets, 459 

Surveyor  of  stone, 507 

Taxes, 508 

Tramps, 534 

Trees, 537 

Truants.     See  Schools,       .        .        .        .        , 432 

Vinegar, 540 

Wards, 541 

Water, 546 

Watering  troughs, 561 

Weighers  and  gaugers, 562 

Weights  and  measures,        .• 564 

Weigher  of  hard  coal, 567 

Weigher  of  plaster,        .        .        .        .        .       *. 570 

Wells  arid  pumps, 571 

Wharves, 572 

Wood,  bark  and  charcoal, 574 

Ordinance  in  relation  to  revised  ordinances, 581 

Appendix, 583 

Rules  and  orders  of  city  council, 588-591 

Rules  and  orders  of  common  council, 592-596 

Rules  and  orders  of  board  of  aldermen,        .*    .        .        .        .        585-587 
Catalogue  of  city  governments  since  1832,        .        .        .        .        .     599-629 


LIST  OF  ORDINANCES 

CONTAINED   IN  THIS  VOLUME. 


FAGB. 

1.  All  ordinance  concerning  the  liquor  agent,             .            .            .  51 

2.  An  ordinance  concerning  auctions  in  streets,  .  .  .60 

3.  An  ordinance  concerning  buildings,  .  .  .  .76 

4.  An  ordinance  concerning  carriages,            .        .         .            .        .  81 

5.  An  ordinance  concerning  cemeteries,      .        .        .        .        .        .  94 

6.  An  ordinance  concerning  city  auditor,       ......  13 

7.  An  ordinance  concerning  city  clerk,              126 

8.  An  ordinance  concerning  city  constable  and  messenger,             .  128 

9.  An  ordinance  concerning  city  council,                 .            .            .  129 

10.  An  ordinance  concerning  city  engineer,          130 

11.  An  ordinance  concerning  city  (now  Market)  Hall,              .        .  134 

12.  An  ordinance  concerning  clerk  of  common  council,  .        .        .  135 

13.  An  ordinance  concerning  contracts  and  expenditures,        .        .  137 

14.  An  ordinance  concemiAg  cows, 140 

15.  An  ordinance  concerning  criers,         ...            .          .  141 

16.  An  ordinance  concerning  dogs,            .          .....  143 

17.  An  ordinance  concerning  drains  and  sewers,          ....  150 

18.  An  ordinance  concerning  elections,          .        .            ...  171 

19.  An  ordinance  concerning  finance,          .        .             .         .         -  182 

20.  An  ordinance  concerning  fire,          ......  194 

21.  Rules  and  regulations  for  the  government  of  thie  fire  department,  196 

22.  Rules  and  regulations  of  engineers  of  fire  department,        .        .  205 

23.  Rules  and  regulations  relating  to  gunpowder,          .        .        .  225 

24.  An  ordinance  concerning  the  harbor, 237 

25.  An  ordinance  concerning  hay,     . 244 

26.  An  ordinance  concerning  health, 262 

27.  An  ordinance  concerning  lamps  and  lamp  posts,           .        .        .  291'' 


14  LIST  OF  ORDINANCES. 

PAGE. 

28.  An  ordinance  concerning  leather,  its  exposure  in  streets,        .  294 

29.  An  ordinance  concerning  milk,  inspection  of,       .         .        .         .        310 

30.  An  ordinance  concerning  nuisances,  steam  whistles,       .         .         .321 

31.  An  ordinance  concerning  ordinances  and  by-laws,      .         .         .  325 

32.  An  ordinance  concerning  permits, 339 

33.  An  ordinance  concerning  petroleum,  inspection  of,  .         .            341 

34.  An  ordinance  concerning  police,     . 340 

35.  An  ordinance  concerning  public  building,  ....            352 

36.  An  ordinance  concerning  public  grounds,  removing  gravel  from,  &c.  361 

37.  An  ordinance  concerning  Portland  and  Forest  Avenue  Railroad,        398 

38.  An  ordinance  relating  to  city  bonds  for  loans  to  rebuild  burned 

district,        .        .        .        , 419 

39.  An  ordinance  concerning  riots,         . 423 

40.  An  ordinance  concerning  schools, 443 

41.  An  ordinance  concerning  seal  of  the  city,  ....           448 

42.  An  ordinance  concerning  sinking  fund, 450 

43.  An  ordinance  concerning  solicitor, 453 

44.  An  ordinance  concerning  streets, 477 

45.  Regulations  respecting  the  laying  of  gas  pipes  in  streets,        .  504 

46.  An  ordinance  concerning  surveyor  of  stone,        ....         507 

47.  An  ordinance  concerning  taxes,         .        .    ' 532 

48.  An  ordinance  concerning  trees, 538 

49.  An  ordinance  respecting  habitual  truants,  and  children  growing  up 

in  idleness  and  ignorance.     See   Schools,  .        .        .         443 

50.  An  order  concerning  wards, 543 

51.  An  ordinance  concerning  water, 554 

52.  An  ordinance  concerning  weighers  and  gaugers,      .        .        .  562 

53.  An  ordinance  concerning  weigher  of  hard  coal,  .         .         .         567 

54.  An  ordinance  concerning  weigher  of  plaster,        .         .         .         .570 

55.  An  ordinance  concerning  wells  and  pumps,        .        .         .        .  571 

56.  Order  establishing  a  wharf  line, 573 

57.  An  ordinance  concerning  wood,  bark  and  charcoal,    .        .        .  576 

58.  An  ordinance  in  relation  to  the  revised  ordinances,        .        .        .581 


INDEX  TO  CITY  CHARTER, 

[  The  figures  refer  to  the  numbers  of  sections.'] 


ABUTTORS,  to  pay  two-tliirds  cost  of  drains,  24. 

may  be  allowed  to  build  sidewalk  or  footway,  27,  28, 
ACCEPTANCE  OF  CHARTER,  provisions  for,  26. 
ADMINISTRATION  of  affairs,  vested  in,  2. 
ALDERMEN,  board  of,  how  constituted,  2. 

executive  powers  of,  5, 

mayor  to  preside,  3. 

concurrent  vote,  5,  6.* 

election  of,  12,  13. 

organization  of,  13. 

to  examine  election  returns,  13. 

chairman  of,  powers  and  duties,  14;  do.  jpro  tern.,  14. 
^  to  appoint  time  of  ward  meetings,  17. 

to  warn  general  meetings  of  voters,  18. 

no  salary,  19, 

ineligible  to  other  city  oflSces  of  pay,  19. 

to  approve  bond  of  treasurer,'  20.  I 

may  temporarily  forbid  passing  in  the  streets,  22. 

make  drains,  &c.,  24. 

duties  relating  to  acceptance  of  charter,  26. 

duties  relating  to  footways,  «S;C.,  28,  29. 

mayor  and,  may  summon  witnesses  at  certain  hearings,  32. 

appointments,  by  mayor  and  aldermen,  page  26,  note. 
and  removals.     See  Officers. 
APPROPRIATIONS,  all  orders  to  state  what,  7. 

moneys  to  be  put  to  no  other  purpose,  19. 


IQ  INDEX  TO  CITY  CHAKTEE. 

ASSESSORS,  election  of,  8. 

ASSISTANT,  election  of,  and  duties,  8. 
ASSESSMENT   AND   ESTIMATES  of   cost   of  sidewalks  and  foot  ways, 
28,  29: 

sewers  and  drains.     See  Drains  and  Sewers. 
BOATS,  SAIL,  license  of,  &c.,  16. 
BONDS  OF  OFFICERS,  7,  20. 
BUILDINGS,  &c.,  care  of,  7. 
BY-LAWS,  &c.,  maybe  ordained,  1. 

old  in  force,  25. 
CARRIAGES  AND   HORSES.     See  Passing. 
CELEBRATIONS,  assessment  of  money  for,  16. 
CEMETERY,  -EVERGREEN,  city  may  make  by-laws  about,  31. 

existing  ordinances  made  valid,  31. 
CERTIFICATES  OF  ELECTION,  13.  ^       • 

CITIZENS'  MEETING,    GENERAL,  18. 
CHARTER,  when  it  took  effect,  26. 

original,  when,  page  25,  note, 
CITY  COUNCIL,  how  constituted,  2, 

papers  from  mayor  to,  4. 

to  fix  salaries,  3,  6. 

care  of  buildings  and  property,  7. 

to  require  bonds  from  certain  officers,  7. 

to  publish  account  of  receipts  and  expenses,  7. 

to  collect,  &c.,  taxes,  8. 

to  lay  out,  &c.,  streets  and  sidewalks,  9. 

to  determine  regular  and  special  meetings,  13. 

may  offer  rewards,  16.  .  .  • 

wrecks  and  ice  in  harbor,  16. 

sails  boats,  regulation  of,  16. 

enclosure  of  lots,  16. 

assize  of  bread,  16. 

may  assess  money  for  celebrations,  16, 

to  supervise  treasurer's  account,  20, 

to  locate  streets  anew  every  ten  years,  2L 

to  lay  side  walks,  &c.,  23. 

to  lay  side  wialks  and  foot  ways,  27,  28. 
CITY  ENGINEER,  to  locate  streets,  21. 
CITY  CLERK,  filing  of  papers,  9. 

duties  of,  17,  18. 


INDEX  TO  CITY  CHARTER  17 

CITY  CLERK,  to  give  notice  of  ward  meetings,  17. 

to  make  record  of  elections,- 13.  ' 

to  make  record  of  streets,  21. 

pro  tern.  17. 
CLERKS  OF  WARDS,  11,  12,  13,  15. 
COLLECTOR,  TREASURER  IS,  20. 
COMMON  COUNCIL,  how  constituted,  2.  - 

concurrent  vote,  5,  6. 

powers  vested,  5. 

election  of,  12,  13. 

organization  of;  13. 

president  and  clerk,  13. 

no  salary,  19- 

members  ineligible  to  other  city  offices  of  pay,  19. 
COMMITTEES,  accountable  for  moneys,  19. 

on  new  streets,  9,  21. 
COMPENSATIONS,  fixed  by  city  councU,  6. 

number  of  aldermen  and  councilmen,  19. 
CONSTABLES,  12,  13,  15. 
CONVENTIONS,  JOINT,  6,  13. 

CORPORATE  POWERS,  rights,  &a,  same  as  formerly,  1,  5. 
COUNCIL    See  City  Council  and  Common  Council. 
COURTS,  appeal  to,  9  24. 

CRIMES  AND  CRIMINAL,  prevention  of  by  City  Council,  16. 
DAMAGES  ON  STREETS.  9. 
DISCONTINUING  STREETS,  9. 
DRAINS  AND  SEWERS,  repairs,  10,  24. 

aldermen  to  make,  &c.  24. 

abuttors  to  pay,  24. 

fines  for  entering  without  permit,  24, 
APPEALS,  24. 
ELECTIONS,  each  board  to  judge  of  its  own  members,  5. 

provisions  for  vacancies,  5. 

of  city  officers,  12,  26.     See  Officers. 

annual  provisions  for,  13. 

postponement  of,  13. 
ENGINEER.     See  City  Engineer. 
ESTIMATES.     See  Assessments. 
EXECUTIVE  POWERS,  in  whom  vested,  5. 
FIRE  DEPARTMENT,  powers  of  vested  in,  5. 


18  INDEX  TO  CITY  CHARTER. 

FOOT  WAYS,  city  may  require  adjacent  owners  to  construct,  27. 
construct,  without  notice,  &c.  28. 
assessment  for,  28,  29,  30. 
curb  and  paving  for,  28,  29. 
FOURTH  OF  JULY  CELEBRATION,  16. 
GAS  PIPES  IN  STREETS,  10. 
GRIEVANCES,  redress,  18. 
HEALTH  DEPARTMENT,  vested  in,  5. 

oflaces  appointed,  6. 
HARBOR  COMMISSIONERS,  9. 

line  of,  22.  • 

HARBOR,  wrecks,  and  ice  in,  16. 

wharf  extensions,  22. 
HORSES.     See  Passing. 

INCORPORATION  OF  PORTLAND.     See  Portland. 
INHABITANTS,  corporate  powers,  &c.,  of,  1,  5. 

to  vote  on  charter,  26. 
ISLAND  WARD,  15,  and  note. 

JUSTICE  OF  PEACE  AND  MUNICIPAL  OFFICERS,  13. 
LAYING  OUT  STREETS,  &c.,  9. 
LOCATION  OF  STREETS.     See  Streets. 
LOTS,  enclosures  of,  16. 

and  sidewalks  in  front  of,  23 »    • 
LOW  WATER  MARK,  *9,  22. 
MARSHAL  AND  DEPUTIES,  5. 
MAYOR,  chief  executive,  2,  3. 

general  duties,  &c.,  3. 

and  powers,  5. 

to  recommend  measures,  3. 

salary  of,  3. 

to  preside  at  board  of  aldermen,  3. 

only  a  casting  vote,  3. 

approval  of  papers,  4. 

veto  power,  4. 

vacancy,  4,  13. 

orders  on  treasurer,  7. 

permits  to  obstruct  streets,  10. 

election  of,  12  and  13. 

notification  of,  13. 

oaths,  13. 

in  case  of  non-election,  13. 


INDEX  TO  CITY  CHARTER.  19 

MEETINGS,  general,  of  voters,  18. 

of  board,  general  and  special,  and  ordinance  on,  ^3  and  14. 
MONEYS,  how  to  be  paid,  7,  19. 
OATHS  OF  OFFICERS,  2,  13. 
OBSTRUCTIONS,  in  streets,  10. 
OFFICERS,  how  and  when  elected  and  terms,  6,  26. 

bonds  of,  7. 

in  case  of  moving,  residence,  12. 

accountable  for  moneys,  19. 

old  to  hold  over,  &c.,  25,  26. 

subordinate,  appointment  and  removal,  5,  6. 

election  of,  12,  26. 

hearing  about  dereliction  of  duty  of  witnesses,  32. 

"municipal,"  term  means  mayor  and  aldermen  of  cities,  note,  page 
42. 

case  of  majority  failing  of  election,  page  32,  note. 
OVERSEERS   OF   POOR,  8. 
ORDERS,  for  moneys,  7. 
ORDINANCES,  &c.,  still  in  force,  25. 

power  to  make,  1. 

approval  of  mayor,  4. 

and  sidewalks,  23. 

on  marshals,  &c. ,  5. 
PASSING  of  horses  may  be  prohibited  at  times,  22. 
PENALTIES,  imposition  of,  not  exceeding  $100,  1. 

and  sureties  of  officers,  7. 

on  unenclosed  lots,  16. 

under  old  charter,  25. 
POLICE  DEPARTMENT,  vested  in,  5. 

how  constituted,  5. 

appointed,  6, 

and  watch  department  may  be  joined,  5. 
PORTLAND,  when  incorporated,  page  25,  note. 

laws  of  1878,  page  27,  note. 
PROPERTY,  (city,)  care  of,  7. 

amount  city  may  hold,  and  account  of,  7. 
RECONSIDERATION   OF  PAPERS,  4. 
RECORD,  each  board  to  keep,  5.  ' 

of  streets,  21. 
REMOVAL  OF   OFFICERS,  6,  12. 


20  INDEX  TO  CITY  CHAKTER. 

REPEAL  OF  ACTS,  inconsistent,  25. 

REPRESENTATIVES,  instructions  to,  18. 

REWARDS,  power  to  offer,  16. 

SAIL  BOATS,  examination,  regulation  of,  &c.,  16. 

SALARIES,  all  fixed  by  city  council,  6. 

SEWERS.      See  Drains. 

SIDEWALKS,  may  regulate  height,  &c.,  9. 

repairs  of,  10. 

construction  of,  provisions  for,  23. 

ordinance  concerning,  23. 

posts  and  trees  along  edge  of,  9. 

paving  of,  23. 

and  footways,  27,  28,  29,  30,  23. 

assessments,  29,  30. 
curbs  of  same,  28. 
paving,  29. 
STREETS,  laying  out,  discontinuing,  &c.,  and  damages,  9. 

appeal  from  reported  damages,  &c.,  9. 

committee  on  laying  out,  &c.,  9,  21. 

obstructions  for  repairs,  &c. ,  10. 

to  be  re-located  every  ten  years,  21. 

temporarily  passing  may  be  stopped,  22. 

committee  on,  23. 

commissioner,  23. 

location  of  to  be  ascertained  by  city  engineer,  when,  21. 
SUBORDINATE  OFFICERS.     See  Officers. 
TAXES,  ASSESSORS,  &c.,  7.  '    . 

apportionment  and  collection,  8. 

collection,  20. 

sales  of  property  for,  20. 

assessed  in  1863  and  after  to  be  collected  by  treasurer  alone,  20. 
TELEGRAPHS,  damage,  &c.,  from,  9. 
TREES,  damage,  &c.,  from,  9. 
TREASURER,  orders  on,  7. 

treasurer  and  collector,  general  powers  and  duties,  20. 

bond  of,  20. 

deputies  &c.,  20. 

to  collect  assessments  on  drains,  &c. ,  24. 

alone  to  collect  taxes  after  1863,  20. 


INDEX  TO  CITY  CHARTER.  21 

VACANCY  IN  MAYOR'S  OFFICE,  4,  13. 

in  boards,  5. 

in  subordinate  offices,  6. 
VETO  OF  MAYOR,  4,  14. 
VOTE  to  adopt  charter,  26. 
VOTERS,  general  meeting  of,  18. 

how  called,  18. 

and  purposes  of,  18. 

to  vote  on  charter,  26. 
WARDS,  to  be  seven,  11, 

revisions  of,  11. 

island  ward,  15,  and  note. 
WARD  MEETINGS,  how  called,  &c.,  11,  13,  17. 

for  acceptance  of  charter,  26. 
'WARDENS  AND  CLERKS,  choice  of,  &c.,  11,  12,  13,  15.  * 

duties,  (Sbc,  11,  13,  15. 

assistants,  11. 
WARRANTS  ON  TREASURER,  20. 
WATCH  AND  WARD,  vested  in,  5. 
WATER  PIPES  in  streets,  10. 
WHARVES,  extension  of,  22. 
WIDENING,  &c.,  streets,  9. 

WITNESSES  may  be  compelled  to  attend  before  mayor  and  aldermen  in  certain 
hearings,  32. 
punished  for  failure  to  comply  with  summons,  33. 


CITY   CHARTER, 


City   Cliarter.' 


Section  1.  The  inhabitants  of  Portland  shall  continue  private  la^s 
to  be  a  body  politic  and  corporate  by  the  name  of  the    1863,  c.  275. 
city  of  Portland,  and  as  such,  shall  have,  exercise,  and  corporate 
enjoy  all  the  rights,  immunities,  powers,  privileges  and    powers, 
franchises,   and  shall  be  subject  to  all  the  duties   and 
obligations  now  appertaining  to,  or  incumbent  upon  said 
city,  or  the  inhabitants  or  municipal  authorities  thereof ; 
and  may  ordain  reasonable  by-laws  and  regulations  for 
municipal  purposes,  and  impose  penalties  for  the  breach    ^7^^^^ 
thereof,  not  exceeding  one  hundred  dollars,  to  be  recovered 
for  such  uses  as  the  municipal  authorities  may  appoint.       Penalties. 

Section  2.  The  administration  of  all  the  fiscal,  pruden- 
tial and  municipal  affairs  of  said  city,  with  the  govern- 
ment thereof,  shall  be  vested  in  one  principal  magistrate 
to  be  styled  the  mayor,  and  one  council  of  seven  to  be 
denominated  the  board  of  aldermen,  and  one  council  of 
twenty-one,  to  be  denominated  the  board  of  common  Aldermen, 
council,  all  of  whom  shall  be  inhabitants  of  said  city  ; 
which  board  shall  constitute  and  be  called  the  city  council ;  i\yia. 
and  shall  be  sworn  or  aflfirmed  in  the  form  prescribed  by 
the  constitution  of  the  State  for  State  officers. 2 

1  Portland  was  Incorporated  as  a  town  July  4,  1786.  It  adopted  a  city 
charter  March  26,  1832,  the  number  of  votes  cast  being  1,276.  In  favor  of 
accepting  charter,  780,  against,  496. 

The  original  charter  is  chapter  248,  acts  of  1832; 

The  charter  above  is  a  revision,  with  amendments  of  1870, 1871,  and  1881. 

The  powers  and  duties  of  the  city  government  have  been  enlarged  and' 
modified  in  many  respects  by  general  legislation. 

*  By  R.  S.,  c.  1,  §  4,  the  mayor  and  aldermen  of  cities  are  the  "  municipal: 
officers."    For  general  duties  of,  see  R.  S.,  1871,  chapters  3  and  4. 


26 


CITY  CHARTER. 


Duties  of 
Mayor. 


Ibid. 


Laws,  &c., to  be 
approved  by 
Mayor. 


ilbid. 


"Teto  power. 


Executive 
powers;  in 
wliom  vested, 

Ibid. 


Section  3.  The  mayor  of  said  city  shall  be  the  chief 
executive  magistrate  thereof.  It  shall  be  his  duty  to  be 
vigilant  and  active  in  causing  the  laws  of  the  State,  and 
ordinances  and  regulations  of  the  city,  to  be  executed  and 
enforced,  to  exercise  a  general  supervision  over  the  conduct 
of  all  subordinate  officers,  and  to  cause  violations  or  neglect 
of  duty  on  their  part  to  be  punished.  He  shall,  from  time 
to  time,  communicate  to  the  city  council,  or  either  board, 
such  information,  and  recommend  such  measures,  as  the 
interest  of  the  city  may  require.  He  shall  preside  at  all 
meetings  of  the  mayor  and  aldermen,  and  in  joint  meetings 
of  the  two  boards,  but  shall  have  only  a  casting  vote.^ 
He  shall  be  compensated  for  his  services  by  a  salary  to  be 
fixed  by  the  city  council,  payable  at  stated  periods,  and 
shall  receive  therefor  no  other  compensation,  which  salary 
however,  shall  not  be  increased  or  diminished  during  his 
year  of  office. 

Section  4.  Every  law,  act,  ordinance,  resolve  or  order, 
requiring  the  consent  of  both  branches  of  the  city  council, 
excepting  rules  and  orders  of  a  parliamentary  character, 
shall  be  presented  to  the  mayor  for  approval.  If  not 
approved  by  him  he  shall  return  it  with  his  objections  at 
the  next  stated  session  of  the  city  council,  to  that  branch 
in  which  it  originated,  which  shall  enter  the  objections  at 
large  on  its  journal,  and  proceed  to  reconsider  the  same. 
Jf  upon  such  reconsideration  it  shall  be  passed  by  a  vote  of 
.two-thirds  of  all  the  members  of  that  branch,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  branch,  by 
which  it  shall  be  reconsidered,  and  if  passed  by  two-thirds 
of  that  branch  it  shall  have  the  same  effect  as  if  signed  by 
the  mayor.  In  case  of  vacancy  in  the  office  of  mayor, 
when  said  law,  act,  ordinance,  resolve  or  order  be  finally 
passed,  the  same  shall  be  valid  without  approval. 

Section  o.  The  executive  powers  of  said  city  generally, 
and  the  administration  of  police  and  health  departments, 
with  all  the  powers  of  selectmen,  except  as  modified  by 


8R.  S.,  1871,  c.  3,  §  27,  and  laws  1855,  c.  125;  where  mayor  has  casting  vote, 
If  t\i'o  or  more  of  the  candidates  have  each  half  the  votes  cast,  he  shall 
declare  which  is  elected. 

Where  appointments  to  office  are  made  by  mayor  and  a;idermen  of  cities, 
they  may  be  made  by  the  mayor  by  and  with  advice  and  consent  of  alder 
men,  and  such  officers  may  be  removed  by  mayor. 


CITY  CHARTER.  27 

this  act,  shall  be  vested  in  the  mayor  and  aldermen.  All 
the  powers  of  establishing  watch  and  ward,  now  vested 
by  the  laws  of  the  State  in  the  justices  of  the  peace  and 
municipal  officers  or  inhabitants  of  towns,  are  vested  in  the 
mayor  and  aldermen,  so  far  as  relates  to  said  city ;  and 
they  are  authorized  to  unite  the  watch  and  police  depart- 
ments into  one  department  and  establish  suitable  regulations 
for  the  government  of  the  same.  The  officers  of  police 
shall  be  one  chief,  to  be  styled  the  city  marshal,  so  many 
deputy  marshals  as  the  city  council  may  by  ordinance 
prescribe,  and  so  many  watchmen  and  policemen  as  the 
mayor  and  aldermen  may  from  time  to  time  appoint.'*  poUce. 
All  other  powers  now  or  hereafter  vested  in  the  inhabitants 
of  said  city,  and  all  powers  granted  by  this  act,  as  well  as 
all  powers  relating  to  the  fire  department,  shall  be  vested 
in  the  mayor  and  aldeimen,  and  common  council  of  said 
city,  to  be  exercised  by  concun-ent  vote,  each  board  to 
have  a  negative  upon  the  other.  Each  board  shall  keep  a 
record  of  its  proceedings,  and  judge  of  the  election 
of  its  own  members ;  and  in  case  of  vacancies,  new 
elections  shall  be  ordered  by  the  mayor  and  aldermen. 

Section  6.   The  compensation  of   all  subordinate  city  Ck)mpen8ation. 
officers  whatsoever,  shall  be  fixed  by  the  city  council.    All 
officers  of   the  police  and  health  departments  shall  be 

appointed  by  the  mayor  and  aldermen,  and  may  be  removed  Appointments 
^^ ,  ^  J  and  removals, 

by  them  for  good  cause.     All  other  subordinate  officers, 

now  elected  by  the  mayor  and  aldermen  or  the  city  council, 
shall  hereafter  be  elected  by  joint  convention  of  the  city 
council,  and  such  officers  may  be  removed  for  good  cause, 
by  concurrent  vote  passed  in  each  branch  by  the  assent  of 
two-thirds  of  all  the  members  thereof.  Except  as  other- 
wise specially  provided  in  this  act,  all  subordinate  officers 
shall  be  elected  annually  on  the  second  Monday  of  March,  Election  of 
or  as  soon  thereafter  as  may  be,  and  their  term  of  office    officers 

*  Private  laws  1878,  c,  16,  have  this  provision :  "  The  city  marshal,  deputy 
marshals  and  policemen,  of  the  city  of  Portland,  shall  hereafter  be  appointed 
by  the  mayor,  by  and  with  the  advice  and  consent  of  the  aldermen,  and  shall 
hold  office  during  good  behavior,  subject,  however,  after  a  hearing,  to 
removal  at  any  time  by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  aldermen,  for  inefficiency  or  other  cause.  The  mayor  may,  for  cause, 
suspend  any  policeman  from  duty,  and  such  suspension  shall  continue  in 
force  till  the  next  meeting  of  the  aldermen." 

See  &\ao,po8i,  title  "Police." 


28 


CITY  CHARTER. 


shall  be  for  ODe  year,  and  until  others  are  qualified  in  their 
i^W-  place.     All  vacancies  may  be  filled  by  the  board  having 

authority  to  elect. 

Section  7.    No  money  shall  be  paid  out  of   the    city 
treasury^  except  on  orders  drawn  and  signed  by  the  mayor, 
designating  the  fund  or  appropriatien  from  which  said 
orders  are  to  be  paid,  nor  unless  the  same  shall  be  first 
Powers  of  city  trranted  or  appropriated  therefor,  by  the  city  council; 
Council.  ^    -,    ^,  '^  ^^      u  ^^  /       ^     .     I 

and  the   city   council  shall   secure   a   prompt   and   just 

accountability  by  requiring  bonds  with  sufficient  penalty 
-  and  surety  or  sureties,  from  all  persons  intrusted  with  the 
receipt,  custody  or  disbursement^  of  money  ;  they  shall 
have  the  care  and  superintendence  of  the  city  buildings 
and  the  custody  and  management  of  all  city  property, 
with  power  to  let  or  sell  what  may  be  legally  let  or  sold, 
and  to  purchase  and  take  in  the  name  of  the  city,  real  and 
personal  property  for  municipal  purposes  to  an  amount 
not  exceeding  two  hundred  thousand  dollars  in  addition  to 
that  now  held  by  the  city.  And  shall  as  often  as  once  a 
year  cause  to  be  published  for  the  information  of  the 
inhabitants,  a  particular  account  of  receipts  and  expen- 
ditures, and  a  schedule  of  city  property. 

Section  8.  The  assessors  shall  continue  to  be  elected  on 
the  second  Monday  in  March.  At  the  first  election  thereof 
under  this  act,  three  persons  shall  be  elected  assessors, 
one  of  whom  shall  be  elected  for  one  year,  one  for  two 
years,  and  one  for  three  years,  and  at  each  subsequent 
election  one  assessor  shall  be  elected  for  three  years,  each 
of  whom  shall  continue  in  office  until  some  other  person 
shall  have  been  elected  and  qualified  in  his  place.  The 
city  council  shall  elect  an  assistant  assessor  in  each  ward, 
whose  duty  it  shall  be  to  furnish  the  assessors  with  all  the 
necessary  information  relative  to  persons  and  property 
taxable  in  his  ward  ;  he  shall  be  sworn  or  affirmed  to  the 
faithful  performance  of  his  duty.  All  taxes  shall  be 
assessed,  apportioned  and  collected  in  the  manner  pre- 
scribed by  the  laws  of  this  State  relative  to  town  taxes, 
except  as  herein  modified ;  and  the  city  council  may 
establish  further  or  additional  provisions  for  the  collection 


Assessors. 


Assistant 
Assessors. 


BP0S<,  §19. 


«Post,  title  "Buildings." 


CITY  CHARTER.  29 

• 
thereof,  and  of  interest  thereon.     There  shall  be  elected 
at  the  first  election  of  subordinate  oflficers  under  this  act 
in  March  twelve  persons  for  overseers  of  the  poor  and  Overseers  of 
workhouse,  four  of  whom  shall  be  elected  for  one  year,    ^^*'^- 
four  for  two  years,  and  four  for  three  years  ;  and  all  subse- 
'quent  annual  elections  shall  be  for  the  term  of  three  years. 
Section  9.  The  city  council  shall  have  exclusive  author- 
ity^ to  lay  out,  widen  or  otherwise  alter,  or  discontinue 

Streets 
any  and  all  streets  or  public  ways  in  the  city  of  Portland, 

without  petition  therefor,  and  as  far  as  extreme  low  water 
mark  ;  and  to  estimate  all  damj^e  sustained  by  the  owners 
of  land  taken  for  that  purpose  ;  but  all  locations  below 
high  water  mark  shall  be  subject  to  the  provisions  of  the  ii,ij, 
laws  relating  to  the  commissioners  of  Portland  harbor.  A 
joint  standing  committee  of  the  two  boards  shall  be 
appointed,  whose  duty  it  shall  be  to  lay  out,  alter,  widen 
or  discontinue  any  street  or  way  in  said  city,  first  giving 
notice  of  the  time  and  place  of  their  proceedings  to  all 
parties  interested,  by  an  advertisement  in  two  daily  papers 
printed  in  Portland,  for  one  week  at  least  previous  to  the 
time  appointed.  The  committee  shall  first  hear  all  parties 
interested,  and  then  determine  and  adjudge  whether  the 
public  convenience  requires  such  street  or  way  to  be  laid 
out,  altered  or  discontinued ;  and  shall  make  a  written 
return  of  their  proceedings,  signed  by  a  majority  of  them, 
containing  the  bounds  and  descriptions  of  the  street  or 
way,  if  laid  out  or  altered,  and  the  names  of  the  owners 
of  the  land  taken,  when  known,  and  the  damages  allowed 
therefor  ;  the  return  shall  be  filed  in  the  city  clerk's  oflfice 
at  least  seven  days  previous  to  its  acceptance  by  the  city 
council.  The  street  or  way  shall  not  be  altered  or  estab- 
lished until  the  report  is  accepted  by  the  city  council,  and 
the  report  shall  not  be  altered  or  amended  before  its 
acceptance.  A  street  or  way  shall  not  be  discontinued  by 
the  city  council,  excepting  upon  the  report  of  said  com- 
mittee. The  committee  shall  estimate  and  report  the  j^^^^  g  ^^ 
damages  sustained  by  the  owners  of  the  lands  adjoining  laying  out 
that  portion  of  the  street  or  way  which  is  so  discontinued  ; 

'  Power  of  Co.  Com'rs  over  county  roads  not  affected  by  this  charter.    E. 
S.,  1S71,  C  18,  5  1, 1875,  c  26. 


streets. 


30'  CITY  CHARTER. 

their  report  shall  be  filed  with  the  city  clerk  seven  days  at 
least  before  its  acceptance.^  Any  person  aggrieved  by 
the  decision  or  judgment  of  the  city  council  in  establishing, 
altering,  or  discontinuing  streets,  may,  so  far  as  relates 
Appeals.  to  damages,  appeal  therefrom  to  the  next  court  having 

jurisdiction  thereof  in  the  county  of  Cumberland,  which 
court  shall  determine  the  same  by  a  committee  or  reference 
under  a  rule  of  court,  if  the  parties  agree,  or  by  a  verdict 
of  its  jury,  and  shall  render  judgment,  and  issue  execu- 
tion for  the  damages  recovered,  with  costs  to  the  party 
prevailing  in  the  appeal.     Such  appeal  shall  be  made  to 
the  term  of  the  Supreme  Judicial  Court,  which  s-hall  first 
be  holden  in  the  county  of  Cumberland,  more  than  thirty 
days  from  and  after  the  day  the  street  is  finally  estab- 
lished,  altered  or   discontinued,   excluding    the    day   of 
commencement  of  the  session  of  said  court.     The  appel- 
lants shall  serve  written  notice  of  such  appeal  upon  the 
mayor  or  city  clerk,  fourteen  days  at  least  before  the 
session  of  the  court,  and  shall  at  the  first  term  file  a 
complaint  setting  forth  substantially  the  facts  of  the  case. 
On  the  trial,  exceptions  may  be  taken  to  the  rulings  of  the 
court,  as  in  other  cases. ^      Co-tenants  who  are  appellants, 
shall  join  in  their  appeal  or  shall  mot  recover  their  costs. 
If  a  street  or  way  is  discontinued  before  the  damages  are 
paid  or  recovered  for  the  land  taken,  the  land  owner  shall 
not  be  entitled  to  recover  such  damages,  but  the  committee 
in  their  report  discontinuing  the  same  shall  estimate  and 
include  all  the  damages  sustained  by  the  land  owner, 
including  those  caused  by  the  original  location  of  the  streets, 
and  in  such  cases,  if  an  appeal  has  been  regularly  taken, 
the  appellant  shall  recover  his  costs.     The  city  shall  not 
be  compelled  to  construct  or  open  any  street  or  way  thus 
hereafter  established,  until  in  the  opinion  of  the  city  council 
the  public  good  requires  it  to  be  done  ;  nor  shall  the  city 
interfere  with  the  possession  of  the  land  so  txiken  by  remov- 
ing therefrom  materials,  or  otherwise  until  they  decide  to 
open  and  construct  said  street.     The  city  council  may 
Sidewalks,  &c.  regulate  the  height  and  width  of  sidewalks  in  any  public 

8  See  "  Streets,"  post;  also  1872,  c.  26 ;  1877,  c.  172. 

»R.  S.,  1871,  c.  18,  §  9.    For  matter  of  costs,  see  Abbott  v.  Penobscot  Co.  52 
Maine,  584. 


CITY  CHARTER.  31 

square,  places,  streets,  lanes  or  alleys  in  said  city ;  and 
may  authorize  posts  and  trees  to  be  placed  along  the  edge 
of  said  sidewalks.  ^^  Nor  shall  the  city  be  answerable  for 
damages  occasioned  by  telegraph  poles  and  wires  erected 
in  its  streets. 

Section  10.  The  mayor  may  on  such  terms  and  condi- 
tions as  he  may  think  proper,  authorize  and  empower  any  obstructing 
person  or  corporation  to  place  in  any  street,  for  such  time    streets, 
as  may  be  necessary,  any  materials  for  making  or  repair- 
ing any  street,  sidewalk,  cross-walk,  bridge,  water-course 
or  drain,  or  for  erecting,  repairing,  or  finishing  any  build- 
ing or  fences,  or  for  laying  or  repairing  gas  or  water  pipes,  Gas-pipes. 
provided  that  not  more  than  one-half  of  the  width  of  the 
street  shall  be  so  occupied,  ii     And  such  material  so  placed 
by  virtue  of  any  license  obtained  as  aforesaid,  shall  not 
be  considered  an  incumbrance  or  nuisance  in  such  street ;  ii>*'^- 
and  the  city  shall  not  be .  liable  to  any  person  for  any 
damages  occasioned  by  such  materials. 

Section  11.  The  city  shall  remain  divided  into  seven 
wards  ;^^  and  it  shall  be  the  duty  of  the  city  council,  once  Wards, 
in  ten  years  or  oftener,  to  revise,  and  if  it  be  needful,  to 
alter  such  wards,  in  such  manner  as  to  preserve,  as  nearly 
as  may  be,  an  equal  number  of  voters  in  each.  In  each 
of  said  wards,  at  the  annual  municipal  election,  there  shall 
be  chosen  by  ballot,  a  warden  and  clerk,  who  shall  hold 
their  oflSces  for  one  year,  from  the  Monday  following  their 
election,  and  until  others  shall  have  been  chosen  and  ^^^^' 
qualified  in  their  places.  Said  warden  and  clerk  shall  be 
sworn  or  affirmed  to  the  faithful  performance  of  their 
respective  duties  by  any  justice  of  the  peace  of  the  city ; 
and  a  certificate  of  such  oaths  or  aflSrmations  having  been 
administered,  shall  be  entered  by  the  clerk  on  the  records 
of  the  ward.  The  warden  shall  preside  at  all  ward  meet- 
ings, with  the  powers  of  moderators  of  town  meetings. 
If  at  any  meeting  the  warden  shall  not  be  present,  or  shall 

"See  laws  1871,  c.  178;  oi*d.  May  1, 1871,  and  chapter  on  Streets,  post. 

See  also  §  27,  of  this  charter. 

"Morton  v.  Frankfort,  5.5  Maine,  46;  Jacobs  v.  Bangor,  16  Maine,  187; 
Perkins  t?.  Fayette,  68  Maine,  153. 

"  Change  in  ward  lines  must  be  approved  by  majority  of  legal  votes  cast 
at  next  city  election  after  action  of  city  council.    R.  S.,  1871,  c.  3,  §  24. 

See  also  title  "Wards,"  and  order  of  city  council  of  February  19, 1872. 


32  CITY  CHARTER. 

refuse  to  preside,  the  clerk  of  such  ward  shall  call  the 
meeting  to  order  and  preside  until  a  warden  pro  tempore 
shall  be  chosen.  If  both  are  absent,  or  shall  refuse  to 
act,  a  warden  and  clerk  pro  tenfip)ore  shall  be  chosen.  The 
clerk  shall  record  all  proceedings,  and  certify  the  votes 
given,  and  deliver  over  to  his  successor  in  office,  all  such 
records  and  journals,  together  with  all  other  documents 
and  papers  held  by  him  in  said  capacity.  The  voters  of 
each  ward  may  choose  two  persons  to  assist  the  warden  in 
receiving,  sorting  and  counting  the  votes. 

All  regular  ward  meetings  shall  be  notified  and  called 
by  warrant  from  the  mayor  and  aldermen,  in  the  manner 
prescribed  by  the  laws  of.  this  State  for  notifying  and 
calling  town  meetings  by  the  selectmen  of  the  several 
towns. 

Section  12.  The  mayor  shall  be  elected  by  the  inhabi- 
Eiection  of  city  tants  of  the  city,  voting  in  their  respective  wards.  One 
officers.  alderman,  three  common  councilmen,  a  warden  and  clerk, 

and  two  constables  shall  be  elected  by  each  ward,  being 
residents  in  the  ward  where-  elected. ^^  All  said  officers 
shall  be  elected  by  ballot  by  a  majority  of  the  votes  given  ; 
and  sljall  hold  their  offices  one  year  from  the  second 
Monday  in  March,  and  until  others  shall  be  elected  and 
qualified  in  their  places. i'*  All  city  and  ward  officers  shall 
be  held  to  discharge  the  duties  of  the  offices  to  which  they 
have  been  respectively  elected,  notwithstanding  their 
removal  after  their  election  out  of  their  respective  wards 
into  any  other  wards  in  the  city  ;  but  they  shall  not  so  be 
held  after  they  have  taken  up  their  permanent  residence 
out  of  the  city. 

Section  13.  On  the  first  Monday  in  March  annually. 

Same.  the  qualified  electors  of  each  ward  shall  ballot  for  mayor, 

one  alderman,  three  common  councilmen,  a  warden  and 

clerk,  and  two  constables,  on  one  ballot.     The  ward  clerk, 

13  See  R.  S.,  1871,  c.  4,  §  32,  and  laws  1877,  c.  213. 

"  City  Records,  vol.  5,  p.  318.  Opinion  of  W.  P.  Fessenden,  City  Solicitor, 
in  1844,  that  if  a  majority  of  board  fail  of  election,  then  the  entire  board  of 
the  year  before,  hold  over;  but  that  when  a  majority  of  the  new  board  is 
elected,  all  the  old  board  is  officially  dead,  so  that  there  can  be  no  members 
of  old  boards  of  aldermen  or  councilmen  holding  seats  in  the  city  govern- 
ment of  any  year.  People  v.  Jones,  17  Wendell,  81 ;  and  In  re  Union  Ins.  Co. 
22  Wendell,  599. 


CITY  CHARTER.  33 

withiu  twenty-four  hours  after  such  election,  shall  deliver 
to  the  persons  elected,  certificates  of  their  election,  and 
shall  forthwith  deliver  to  the  city  clerk,  a  certified  copy  of 
the  record  of  such  election,  a  plain  and  intelligible  abstract 
of  which  shall  be  entered  by  the  city  clerk  on  the  city 
records.  If  the  choice  of  any  such  officers  is  not  effected 
on  that  day,  the  meeting  shall  be  adjourned  to  another 
day,  (not  more  than  two  days  thereafter,)  to  complete 
such  election,  and  may  so  adjourn  from  time  to  time, 
until  the  election  is  complete.  The  board  of  aldermen 
shall,  as  soon  as  conveniently  may  be,  examine  the  copies 
of  the  records  of  the  several  wards,  certified  as  aforesaid, 
and  shall  cause  the  person  who  shall  have  been  elected 
mayor  by  a  majorit}^  of  the  votes  given  in  all  the  wards, 
to  be  notified  in  writing  of  his  election.  But  if  it  shall 
appear  that  no  person  shall  have  been  so  elected,  or  if  the 
person  elected  shall  refuse  to  accept  the  office,  the  said 
board  shall  issue  their  warrants  for  another  election  ;  and 
in  case  the  citizens  shall  fail  on  a  second  ballot  to  elect  a 
mayor,  the  city  council  in  convention  shall,  from  the  four 
highest  candidates  voted  for  at  the  second  election  and 
returned,  elect  a  mayor  for  the  ensuing  year ;  and  in  case 
of  a  vacancy  in  the  office  of  mayor  by  death,  resignation 
or  otherwise,  it  shall  be  filled  for  the  remainder  of  the 
term  by  a  new  election  in  the  manner  herein  before  pro- 
vided for  the  choice  of  said  officer.  The  oath  or  affirma- 
tion prescribed  by  this  act,  shall  be  administered  to  the 
mayor  by  the  city  clerk  or  any  justice  of  the  peace  in  said 
city.  The  aldermen  and  common  councilmen  elect,  shall 
on  the  second  Monday  in  March,  at  ten  o'clock  in  the 
forenoon,  meet  in  convention,  when  the  oath  or  affirmation 
required  by  the  second  section  of  this  act  shall  be  admin- 
istered to  the  members  of  the  two  boards  present,  by  the  Organization, 
mayor  or  any  justice  of  the  peace  after  which  the  board 
of  common  council  shall  be  organized  by  the  election  of  a 
president  and  clerk.  The  city  council  shall,  by  ordinance, 
determine  the  time  of  holding  stated  or  regular  meetings 
of  the  board,  and  shall  also,  in  like  manner,  detennine 
the  manner  of  calling  special  meetings  and  the  persons  by 
whom  the   saine   shall  be   called ;    but  until  otherwise 


34 


CITY  CHARTER. 


Chairman  of 
Aldermen. 


His  powers. 


Island  ward. 


provided  by  ordinance,  special  meetings  shall  be  called  by 
the  mayor  by  causing  a  notification  to  be  left  at  the  usual 
residence  or  place  of  business  of  each  member  of  the 
board  or  boards  to  be  convened. 

Section  14.  After  the  organization  of  a  city  govern- 
ment and  the  qualification  of  a  mayor,  and  when  a  quorum 
of  the  board  of.  aldermen  shall  be  present,  said  board,  the 
mayor  presiding,  shall  proceed  to  choose  a  permanent 
chairman  who,  in  the  absence  of  the  mayor,  shall  preside 
at  all  meetings  of  the  board,  or  at  conventions  of  the  two 
boards,  and  in  case  of  any  vacancy  in  the  office  of  mayor, 
he  shall  exercise  all  the  powers  and  perform  all  the  duties 
of  the  office  so  long  as  such  vacancy  shall  remain  ;  he  shall 
continue  to  have  a  vote  in  the  board,  but  shall  not  have 
the  veto  power.  The  board  of  aldermen,  in  the  absence 
of  the  mayor  and  permanent  chairman,  shall  choose  a 
president  pro  teinpore  who  shall  exercise  the  powers  of  a 
permanent  chairman. 

Section  15.  In  addition  to  the  seven  wards,  the  several 
islands  within  the  city  of  Portland,  are  so  far  constituted 
a  separate  ward  as  to  entitle  the  legal  voters  thereon  to 
choose  a  warden,  ward  clerk,  and  one  constable,  who  shall 
be  residents  on  said  islands. ^^  They  shall  hold  their  ward 
meetings  on  any  one  of  the  islands  which  a  majority  of  the 
qualified  voters  residing  on  said  islands  may  designate,  and 
may,  on  the  days  of  election,  vote  at  the  place  designated 
for  all  officers  named  in  the  warrant  calling  the  meeting. 
The  warden  shall  preside  at  all  meetings,  receive  the  votes 
of  all  qualified  electors  present  whose  names  are  borne  on 


IS  The  several  Islands  within  the  city  of  Portland  shall  so  far  constitute 
two  separate  wards  as  to  entitle  the  legal  voters  of  each  of  said  wards  to 
choose  a  warden,  ward  clerk  and  one  constable,  who  shall  be  residents  on 
said  islands  and  of  their  respective  wards.  The  first  of  said  wards  shall 
comprise  Long  Island,  Crotch  Island,  Hope  Island,  Jewell's  Island  and 
Little  Chebeague  Island,  or  such  parts  of  said  islands  as  are  within  the  city 
of  Portland,  and  the  ward  meetings  of  said  first  ward,  shall  be  holden  on 
Long  Island.  The  second  of  said  wards  shall  comprise  the  remaining  islands 
within  the  city  of  Portland,  and  the  ward  meetings  of  said  second  ward, 
shall  be  holden  on  Peak's  Island.  The  qualified  electors  of  each  of  said 
wards  may  meet  as  provided  in  the  thirty-ninth  section,  and  also  for  the 
choice  of  city  oflicers,  at  the  place  designated,  and  may,  on  the  day  of 
election,  vote  for  all  officers  named  in  the  warrant  calling  the  meeting.  1879, 
c.  97. 

See  title  "  Elections,"  i)os<. 


CITY  CHARTER.  35 

the  lists ;  shall  sort,  count  and  declare  the  votes  in  open 
meeting  and  in  the  presence  of  the  clerk,  who  shall  make 
a  list  of  the  persons  voted  for,  with  the  number  of  votes  for 
each  person,  and  a  fair  record  thereof,  in  presence  of  the 
warden  and  in  open  meeting,  and  a  copy  of  the  list  shall 
be  attested  by  the  warden  and  clerk,  sealed  up  in  open 
meeting,  and  delivered  to  the  clerk  of  ward  number  one, 
within  eighteen  hours  after  the  close  of  the  polls,  to  become 
a  part  of  the  record  of  said  ward  ;  and  all  votes  thus  thrown 
shall  be  deemed  as  thrown  in  and  belonging  to  ward 
number  one.  All  meetings  of  the  voters  of  said  island 
ward,  for  choice  of  municipal  officers,  shall,  after  the 
business  of  the  meeting  is  transacted,  stand  adjourned  for 
two  days,  to  determine  whether  an  election  has  been 
effected ;  and  adjournments  may  be  had,  not  exceeding 
two  days  at  any  one  time,  until  the  election  has  been 
effected.  If  the  warden  or  clerk  of  said  island  ward  shall 
be  absent  at  any  election,  a  warden  or  clerk  may  be 
chosen  pro  tempore.  Or  in  case  of  failure  or  omission  to 
elect  a  warden  or  clerk,  said  officers  may  be  chosen  at 
any  legal  meeting  duly  called  in  said  ward. 

Section  16.  The  city  council,  in  behalf  of  the  city,  may 
offer  rewards  for  the  prevention  of  crimes  or  detection  of  council, 
criminals.  1^  They  may  remove  all  sunken  wrecks  in  the 
harbor  or  its  entrances,  and  dispose  of  the  same  to  defray 
the  expense  of  removal,  and  may,  at  the  expense  of  the 
city,  cause  its  harbor  to  be  kept  open  and  unobstructed  by 
ice.  They  may  also  require  all  sail  boats  not  under 
register  or  license,  kept  for  hire  in  said  harbor,  to  be  ibid 
examined  and  licensed  for  that  purpose,  and  to  be 
furnished  with  air-tight  compartments  ;  and  may  establish 
such  regulations  respecting  such  boats  as  they  may  deem 
expedient.  They  may  also  make  and  enforce  by  penalties, 
regulations  respecting  the  enclosure  of  lots  aliutting  on  any 
street  or  way  in  the  city,  which  may  for  want  of  such 
enclosure,  be  dangerous  to  the  public  ;  and  after  notice  to 

"Private  laws  of  1875,  c.  21,  give  further  power  to  city  councfl  as  follows; 
♦'  The  city  council  of  the  city  of  Portland  shall  have  the  power  to  purchase 
and  take,  in  the  name  of  the  city,  real  and  personal  property  for  municipal 
purposes  to  an  amount  not  exceeding  two  hundred  thousand  dollars,  in 
addition  to  that  now  held  by  the  city." 


Powers  of  City 


CITY  CHAKTER. 


City  clerk;  his 
duties. 


Ibid. 


Meetings  of 
citizens. 


Ibid. 


No  compensa- 
tion, &c. 


Ibid. 


the  owners  or  lessees  of  such  lots,  may,  if  the  same  are 
not  enclosed  in  a  reasonable  time,  cause  the  same  to  be 
enclosed  at  the  expense  of  the  owners  or  lessees.  They 
may  make  regulations  relative  to  the  assize  of  bread  sold, 
or  offered  for  sale  within  said  city.  They  may  assess 
money  for  celebration  of  the  anniversary  of  our  national 
independence,  and  other  public  celebrations. 

Section  17.  The  city  clerk  shall  be  clerk  of  the  board 
of  aldermen.  He  shall  perform  such  duties  as  shall  be 
prescribed  by  the  mayor  and  aldermen  or  the  city  council, 
and  shall  also  perform  all  the  duties  and  exercise  all  the 
powers  now  incumbent  on  him  by  law.  He  shall  give 
notice  in  two  or  more  of  the  papers  printed  in  said  city, 
of  the  time  and  place  of  regular  ward  meetings  ;  the  time 
of  such  meetings  when  not  fixed  by  law,  shall  be  deter- 
mined by  the  board  of  aldermen.  In  case  of  the  temporary 
absence  of  the  city  clerk,  the  mayor  and  aldermen  may 
appoint  a  city  clerk  pro  tempore. 

Section  18.  General  meetings^"''  of  the  citizens  qualified 
to  vote  in  city  affairs,  may  from  time  to  time  be  held  to 
consult  upon  the  public  good,  to  instruct  their  representa- 
tives, and  to  take  all  lawful  measures  to  obtain  redress  of 
any  grievances,  according  to  the  right  secured  to  the 
people  by  the  constitution  of  this  State  ;  and  such  meet- 
ing shall  be  duly  warned  by  the  mayor  and  aldermen  upon 
requisition  of  sixty  qualified  voters.  The  city  clerk  shall 
act  as  clerk  of  such  meetings,  and  record  the  proceedings 
upon  the  city  records. 

Section  19.  The  aldermen  and  common  councilmen^^ 
shall  not  be  entitled  to  receive  any  salary  or  other  com- 
pensation during  the  year  for  which  they  are  elected,  nor 
be  eligible  to  any  office  of  profit  or  emolument,  the  salary 
of  which  is  payable  by  the  city ;  and  all  departments, 
boards,  officers  and  committees,  acting  under  the  authority 
of  the  city,  and  entrusted  with  the  expenditures  of  public 


"R.  S.,  1871,  c.  3,  §  4,  and  laws  of  1873,  c.  153,  provide  for  calling  of  general 
meetings  on  petition  of  ten  citizens. 

Special  laws"  conferring  particular  rights  upon  municipal  corporations, 
are  held  not  to  be  repealed  by  subsequent  statutes,  general  in  their  character. 
Ottawa  V.  County,  12  111.  339;  State  v.  Morristown,  33  N.  J.  Law,  57;  Dillon 
on  Mun,  Corp's,  §  54.    See  also,  Stat6  v.  Cleland,  68  Maine,  258. 

18  Supra  §  7. 


CITY  CHARTER.  37 

money,  shall  expend  the  same  for  no  other  purpose  than 
that  for  which  it  is  appropriated  ;  and  shall  be  accountable 
therefor  to  the  city,  in  such  manner  as  the  city  council         ^ 
may  direct. 

Section  20.  The  treasurer  of  the  city  of  Portland  shall 
also  be  the  collector  for  said  city  with  all  the  powers  of 
collectors  of  taxes  under  the  laws  of  this  State.  He  shall 
be  styled  treasurer  and  collector  and  shall  give  but  one  Powers  and 
bond,  said  bond  to  be  approved  by  the  mayor  and  alder-  ^g^^^^ 
men,  for  the  faithful  performance  of  his  duties  ;  and  may 
appoint  assistants  and  deputies  as  provided  by  law.  All 
warrants  directed  to  him  by  the  assessors  and  municipal 
officers  shall  run  to  him  and  his  successors  in  office,  and 
shall  be  in  the  form  prescribed  by  law,  changing  such  parts  n^id. 
only  as  by  this  act  are  required  to  be  changed.  The 
method  of  keeping,  vouching  and  settling  his  accounts, 
shall  be  subject  to  such  rules  and  regulations  as  the  city 
council  may  establish.  Said  treasurer  and  collector  shall 
collect  all  such  uncollected  taxes  and  assessments  in 
whatever  year  assessed  as  may  be  collected  during  his 
term  of  office ;  and  at  the  expiration  of  said  term,  his 
powers  as  collector  shall  wholly  cease  ;  all  sales,  dis- 
tresses, and  all  other  acts  and  proceedings,  lawfully 
commenced  by  him  as  such  treasurer  and  collector,  may 
be  as  effectually  continued  and  completed  by  his  successor 
in  office  as  though  done  by  himself ;  and  all  unreturned 
warrants,  which  would  otherwise  be  returnable  to  him, 
shall  be  returned  to  his  successor  in  office.  These  pro- 
visions shall  apply  in  all  respects  to  the  uncollected  taxes 
of  said  city,  assessed  in  the  year  eighteen  hundred  and 
sixty-three,  but. shall  not  in  any  way  be  construed  to  affect 
the  collection  of  taxes  assessed  in  other  previous  years. 

Section  21.     The  original  location^^  of  aU  streets  and  Location  of 
ways  in  said  city  shall,  once  in  ten  years,  or  oftener,  be    streets, 
ascertained  by  the  city  engineer,  under  the  direction  of  the 
city  council,  as  accurately  as  practicable,  the  location  of  i^i^- 
different  streets  being  ascertained  by  him  from  time  to 
time,  when  expedient.     He  shall  make  a  written  report 
of  his  doings  to  the  committee  on  new  streets,  which  shall 

**See  plans  in  City  Engineer's  office. 


38 


CITY  CHARTER. 


give  twenty  days'  notice,  by  advertisement  in  two  or  more 
public  papers  in  the  city,  of  the  time  and  place  at  which 
it  will  act  upon  said  report.  Any  person  may  appear  and 
object  to  the  report ;  and  after  a  full  hearing  of  all  parties 
interested,  the  committee  may  accept,  alter,  or  amend  the 
report  as  it  shall  think  right,  and  shall  report  their  pro- 
ceedings to  the  city  council,  who  shall  thereupon  deter- 
mine the  lines  for  such  streets  and  ways  in  said  city, 
according  to  the  original  location  thereof,  and  shall  order 
the  same  to  be  designated  anew  by  fixed  and  permanent 
,  boundaries,  as  and  for  the  original  boundaries  ;  and  a 
record  of  the  location  thereof  to  be  made  upon  the  city 
records ;  and  a  copy  of  the  last  record  of  such  proceed- 
ings respecting  any  street,  with  evidence  of  the  location 
of  the  boundaries  therein  designated,  shall  in  all  judicial 
proceedings,  be^mma  fade  evidence  of  the  place  of  the 
original  location  of  said  street. 

Section  22.  The  mayor  and  aldermen  of  said  city  may 
on  public  occasions,  by  their  order,  forbid  the  passing, 
horses,  Ac,  in  temporarily,  of  horses,  carriages  or  other  vehicles,  over 
or  through  such  streets  or  ways  in  said  city,  as  they  may 
deem  expedient.  No  existing  wharf  in  Portland^^  shall  be 
extended  into  the  harbor  a  greater  distance  below  water 
mark  than  the  same  now  exists,  and  hereafter  no  such  new 
wharf  shall  be  extended  below  low  water  mark  into  the 
harbor,  without  in  either  case  the  written  assent  of  the 
mayor  and  aldermen.  No  wharf  or  incumbrance  shall 
hereafter  be  erected  or  extended  iiito  said  harbor  beyond 
the  harbor  commissioners'  line. 

Section  23.  The  city  council  of  Portland^i  may  require 
the  owner  of  any  lot  of  ground  fronting  on  any  street  or 
way  in  said  city,  to  cause  the  footway  or  sidewalk  in  front 
of  said  lot  to  be  paved  with  bricks  or  flat  stones,  with 
suitable  curb  stones,  the  same  to  be  done  under  the  direc- 
tion, and  to  the  approbation,  of  the  committee  on  streets. 
If  the  owner  of  such  lot  shall  neglect  to  pave  the  same  as 
aforesaid,  and  provide  such  curb  stones,  for  the  space  of 
twenty  days  after  he,  or  the  tenant  of  such  lot,  shall  have 
been  thereto  required  in  writing  by  the  commissioner  of 


streets. 


Ibid. 


Extension  of 
wharves. 


Paving 
Sidewalks. 

Ibid. 


20 See  title  "Wharves. 


21  See  §  §  28  and  29,  post. 


CITY  CHARTER.  39 

streets,  it  shall  then  be  the  duty  of  said  commissioner  to 
procure  the  curb  stones  and  pave  the  sidewalk  or  foot- 
way ;  and  the  city  shall  have  a  lien  on  the  property  for 
expense  thereof,  to  be  enforced  as  in  the  following  sec- 
tion. 22  The  city  council  before  requiring  any  such  side- 
walk or  footway  to  be  so  paved,  shall  by  a  general 
ordinance  assume  a  portion  of  said  expense  to  an 
amount  not  less  than  one-half  thereof,  to  be  paid  by  the 
city  in  money  or  materials,  but  no  owner  or  proprietor 
shall  be  required  to  construct  as  aforesaid,  more  than  two 
hundred  feet  in  length  of  sidewalk  or  footway,  in  any  one 
street  in  front  of  any  unimproved  lots  or  parcels  of  land. 

Section  24.  The  mayor  and  aldermen  of  said  city  may  Drains  and 
lay  out,  maintain  and  repair^^  all  main  drains  or  com-  ^^®'^- 
mon  sewers  in  said  city,  and  may  assess  upon  the  owners 
of  the  abutting  lots  and  other  lot  benefited  thereby,  and  j^^^ 
who  shall  enter  the  same  directly  or  indirectly,  a  propor- 
tional part  of  the  charge  of  making  such  main  drain  or 
common  sewer,  to  be  ascertained  and  assessed  by  the  mayor 
and  aldermen  of  said  city,  and  by  them  certified,  after 
notice  thereof  given  in  writing  to  the  party  to  be  charged, 
or  by  public  advertisement  for  seven  days  in  two  daily 
papers  in  said  city ;  but  not  less  than  one-third  part  of 
the  cost  of  such  main  drain  or  common  sewer  shall  be  paid 
by  the  city,  and  shall  not  be  charged  to  the  abuttors.  All 
assessments  so  made  shall  constitute  a  lien  on  the  real 
estate  so  assessed,  for  two  years  after  they  are  laid. 
They  shall  be  certified  by  the  mayor  and  aldermen,  under 
their  hands,  to  the  treasurer  and  collector  of  said  city  and 
his  successors,  with  directions  to  collect  the  same  accord- 
ing to  law,  and  may,  together  with  all  incidental  costs  and 
expenses,  be  levied  by  sale  of  the  estate  by  him  or  them, 
if  the  assessment  is  not  paid  within  three  months  after  a 
written  demand  of  payment  made  by  him  or  them,  either 
upon  the  persons  assessed  or  upon  any  person  occupying 
the  estate  —  such  sale  to  be  conducted  in  like  manner  as 
sale  for  non-payment  of  taxes  on  land  of  resident  owners^, 
and  with  a  similar  right  of  redemption.     Any  person,  w^ 

«  "  Sidewalks,"  ordinances,  §  §  54,  55,  post. 

»  Drains  and  sewers,  post.  Private  laws  1871,  c.  717 ;  187(J,  c.  348 ;  1873,  c.  368. 


40  CITY  CHAETER. 

may  deem  himself  aggrieved  by  any  such  assessment,  may 
appeal  to  the  Supreme  Court  in  the  same  manner  as  is. 
herein  provided  for  appeals  for  damages  for  laying  out 
streets,  which  court  shall  at  the  first  term  appoint  three 
persons  who  may  be  inhabitants  of  said  city,  to  settle  and 
assess  the  share  to  be  charged  to  such  appellant ;  they 
shall  make  a  return  of  their  doings  to  said  court  and  their 
decision,  if  accepted,  shall  be  final.  And  in  case  the 
assessment  made  by  the  mayor  and  aldermen  shall  not  be 
reduced  on  such  appeal,  the  city  shall  recover  costs,  but 
otherwise  shall  pay  costs.  Any  person  who  shall,  direct- 
ly or  indirectly,  enter  any  such  main  drain  or  common 
sewer  without  first  obtaining  a  permit  from  the  mayor 
therefor,  shall  be  subject  to  a  fine  not  exceeding  one  hun- 
dred dollars. 

Section  25.    All  acts  and  parts  of  acts  inconsistent  with 

Repeal  of  prior  *^^®   ^^*  ^^®   hereby  repealed.     Provided,  however,   the 

acts.  repeal  of  the  said  acts  shall  not  affect  any  act  done,  or  any 

act  accruing,  or  accrued,  or  established,  or  any  suit  or 
proceeding  had  or  commenced  in  any  civil  or  criminal 
case  before  the  time  when  such  repeal  shall  take  effect, 
and  that  no  offence  committed,  and  no  penalty  or  forfeit- 
ure incurred,  under  the  acts  hereby  repealed,  and  before 
the  time  when  such  repeal  shall  take  effect,  shall  be 
affected  by  the  repeal.  And  provided,  also,  that  all  per- 
sons who,  at  the  time  the  said  repeal  shall  take  effect,  shall 

Ibid.  hold  any  oflfice  under  the  said  acts  or  ordinances  of  the 

city  shall  continue  to  hold  the  same  according  to  the 
tenure  thereof,  or  until  others  are  elected  and  qualified  in 
their  stead.  And  provided,  also,  that  all  the  ordinances 
rules  and  regulations  of  the  city  of  Portland,  which  shall 
be  in  force  at  the  time  when  the  said  repeal  shall  take 
effect;  shall  continue  in  force  until  the  same  are  repealed. 
No  act  which  has  been  heretofore  repealed  shall  be  revived 
by  the  repeal  of  the  above  acts. 

Section  26.  This  act  shall  be  void  unless  the  inhabitants 

Vote  of  quai-  of  the  city  of  Portland,  at  legal  ward  meetings  called  for 
that  purpose,  by  a  written  vote,  determine  to  adopt  the 
same  ;  and  the  qualified  voters  of  the  city  shall  be  called 

Ibid.  upon  to  give  in  their  votes  upon  the  acceptance  of  this  act, 


ifiert  voters  on 
this  act. 


CITY  CHARTER.  41 

at  meetings  in  the  several  wards,  duly  warned  by  the 
mayor  and  aldermen,  to  be  held  on  the  day  of  the  next 
municipal  election  ;  and  thereupon  the  same  proceedings 
shall  be  had  respecting  the  sorting,  counting,  declaring 
and  recording  the  returns  of  said  votes  as  is  herein  pro- 
vided at  the  election  of  mayor ;  and  the  board  of  mayor 
and  aldermen  shall  within  three  days  meet  together  and 
compare  the  returns  of  the  ward  oflScers  ;  and  if  it  appear 
that  a  majority  of  all  the  votes  given  on  the  question  of 
its  acceptance  are  in  favor  thereof,  the  mayor  shall  forth- 
with make  proclamation  of  the  fact,  and  thereupon  this 
act  shall  take  effect.  And  in  case  this  act  is  so  adopted 
and  takes  effect,  the  terms  of  ofl3ce  of  all  city  oflScers 
which  would  otherwise  expire  in  April,  in  the  year  of  our 
Lord  eighteen  hundred  and  sixty-four,  shall  expire  on  the 
second  Monday  of  March,  in  the  year  of  our  Lord  eighteen 
hundred  and  sixty-four,  or  as  soon  thereafter  as  other 
persons  are  qualified  in  their  places  ;  subordinate  officers 
shall  be  elected  in  April,  eighteen  hundred  and  sixty- 
three,  at  the  time  now  fixed  by  law.* 

Section  27.  The  city  of  Portland  may  at  their  option.  Act  additionar 
require  the  owners  of  adjacent  property  to  construct  foot-    ^^^^  ^^^^' 
ways  or  sidewalks  as  now  provided  in  the  act  to  which   348,  §  i. 
this  is  additional,  notwithstanding  anything  herein  con- 
tained. 

Section  28.  The  city  of  Portland  may  at  their  option 

without  notice,  and  under  such  regulations  or  orders  as  they  ^^        ^    ^ 

'  .  °  "^    Charter  further- 

may  have  established  or  passed,  or  may  hereafter  establish    amended  in 

or  pass,  construct  sidewalks  or  footways,  laid  with  brick,    relation  to 
flat  stones,  concrete,  or  other  materials,  with  suitable  curbs, 
on  any  street  or  portion  thereof,  and  direct  one-half  the 
cost  thereof  to  be  assessed  on  adjacent  lots,  and  for  that 
purpose  may  direct  the  curb  to  be  set  at  any  time  previous  city  may  con- 
to  the  construction  of  the  walk,  and  cause  the  cost  of  the    struct  side- 
walks; and 
curb  and  the  cost  of  the  paving  of  the  walk  to  be  assessed    one-haifof  the- 

separately,  as  each  is  or  may  be  done  ;  provided  that  no    costs  to  be 

&8S6S36d  on 

owner  or  proprietor  shall  be  assessed  for  more  than  two    adjacent  lots, 
hundred  feet  in  length  of  sidewalk  or  footway,  on  any  one  1870,  c.  348,  and 
street  in  front  of  any  unimproved  lots  or  parcels  of  land.    ^^^'  ^'  ^^' 

•Note.— The  city  charter  of  March  24, 1863,  ends  at  this  point.    The  fol- 
lowing  sections  are  acts  additional  to  and  amendatory  of  said  charter. 


42  CITY  CHARTER. 

Estimates  and       SECTION  29.  The  expense  of  said  walks  complete,  or 
shall  be  made  ^^  ^aid  curbs,  or  of  said  paving,  shall  be  estimated  and 
within  a  year,  assessed  within  one  year,  by  the  mayor  and  aldermen  of 
said  city  on  the  several  lots  chargeable  therewith,  and  by 
'  ^'  them  certified  to  the  city  treasurer,  in  the  manner  and 

with  all  rights  to  the  parties  interested,  as  provided  in 
section  twenty-four  of  the  act  to  which  this  is  additional, 
Assessments      ^^^  ^^  enforced  as  therein  provided,  but  said  assessment 
not  void  by      shall  at  any  time  be  corrected  on  due  notice,  and  certified 
en-or'^  ^  anew  by  the  mayor  and  aldermen  aforesaid,  and  no  assess- 

Proviso.  ment  shall  be  void  by  reason  of  error  in  the  name  of  the 

owner  or  occupant  of  the  lot  assessed,  provided  the  lot 
assessed  is  so  described  that  the  same  may  be  distinctly 
known. 
To  what  these        SECTION  30.  The  provisions  of   the  last  section   shall 
appr^^^"^       apply  to  all  assessments  of  the  cost  of  constructing  any 
Ibid.  §  4  sewer  heretofore  or  hereafter  made  in  the  city  of  Portland. 

City  of  Port-         SECTION  31.  The  city  of  Portland  may  ordain  reason- 
land  may  make  able  by-laws  and  regulations  for  the  government  of  Ever- 
Evergreen       green  Cemetery, ^^  and  shall  have  full  power  and  authority 
Cemetery.        to  impose  and  enforce  penalties  for  the  breach  thereof, 
and .  for  the  punishment  of    offences  committed  in  said 
Healing  act  for  cemetery.    All  by-laws  and  regulations  heretofore  ordained 
ordinances.      ^J  Said  city  of  Portland  for  the  government  of  Evergreen 
Cemetery  are,  and  shall  be  valid  and  in  force ;  and  all 
Private  laws,     penalties  imposed  under  the  same,  and  for  the  breach  of 
1881,  Jan.  ai.    ^j^g  same  and  for  punishment  of  offences  committed  in 

said  cemetery,  shall  be  enforced. 

Mayor  and  SECTION  32-   The  mayor  and-  aldermen  of  the  city  of 

have  power  to  Portland  shall  have  power  to  send  for  persons  and  papers, 

send  for  per-    and  Compel  the  attendance  of  witnesses  at  any  meeting  of 

papers^  in  cer-  ®^^^  board  of  mayor  and  aldermen  at  which  a  hearing  is 

.  tain  cases. 

2* See  title  "Cemetery,"  and, ordinance  of  January  3,.  1881,  making  full 
1  regulations. 

Note. — The  more  general  powers  .  and  duties  of  cities  and  towns  are 
contained  in  chapters  3  and  4,  et  seq.  of  the  Revised  Statutes  of  1871.  The 
most  important  provisions  of  those  chapters  and  of  other  chapters  of  the 
Revised  Statutes  relating  to  municipal  aflfairs,  are  incorporated  in  the 
following  pages  under  the  subjects  to  which  they  relate. 

Revised  Statutes  1871,  c.  1,  §  4,  provides  that  the  word  "town,"  includes 
cities  and  plantations  unless  otherwise  expressed  or  implied,  and  that  the 
term  "municipal  officers,"  shall  be  construed  to  mean  the  mayor  and  alder- 
men of  cities,  selectmen  of  towns,  and  assessors  of  plantations. 


CITY  CHARTER.  43 

had  in  any  matter  of  inquiry  regarding  alleged  dereliction 
of  duty  of  any  city  oflScer  or  any  person  in  the  employ  of  Private  laws, 
said  city,  or  in  any  hearing  on  any  municipal  matter.     The    ^^^'  ^*^ch  7, 
mayor  shall  have  power  to  issue  summons  to  such  witnesses  Mayor  to 
as  he  shall  require  in  such  hearings.  summon. 

Section  33.    Any  person  failing  to  comply  with  the 
summons  of  the  mayor  shall  be  punished  by  fine  not  less  penalty, 
than  five  dollars  nor  more  than  fifty  dollars  or  by  imprison-  nyi^^  §  3, 
ment  not  more  than  thirty  days. 


LAWS  OF  THE  STATE 


RELATING  TO  MUNICIPAL  MATTERS,  AND 


ORDINANCES  OF  THE  CITY. 


Agents  of  tlie  City. 


Statutes. 

FOR  SALE  OF  INTOXICATING  LIQUORS. 

1.  Mayor,  &c.,  to  purchase.  Agent  appointed.  Agent's  power 

and  duty. 

2.  Certificate  to  and  bond  by  agent. 

3.  Liquors  kept  by  agents — marks — false  marks,  &c. 

4.  Not  to  sell  to  minors. 

5.  Agents  violating  the  law.    Bond  put  in  suit.    Authority  to 

cease. 

6.  Agents  to  keep  record  of  sales. 

7.  Agents  to  purchase  of  State  Commissioner. 

8.  Penalty  for  purchasing  contrary  to  law  and  for  adulterating. 


Ordinances. 

1.  Agent  to  pay  moneys  to  treasurer. 

2.  Treasurer  to  receipt  for  same. 

3.  Moneys  how  appropriated. 

4.  Balance  to  credit  of  agency. 

Statutes. 

1.  The  selectmen  of  any  town,  and  mayor  and  alder- 
men of  any  city,  may  on  the  first  Monday  of  May  annually,  Mayor  and 
or  as  soon  thereafter  as  may  be  convenient,  purchase   purchase, 
such  quantity  of  intoxicating  liquors  as  may  be  necessary  r.  s.,  1871,  c. 
to  be  sold  under  the  provisions  of  this  chapter,  and  may  ,!!l,^^* 
appoint  some  suitable  person,  as  the  agent^  of  said  town 

•*      ^         n  ^u  .-  •      *      1  VI.-     Agents  to  be 

or  city,  to  sell  the  same  at  some  convenient  place  within   appointed  to 
said  town  or  city,  to  be  used  for  medicinal,  mechanical   sell  for  certain 


purposes. 


1  Sucli  agent  is  not  a  city  or  town  officer.  His  situation  is  not  an  office  but 
an  employment,  wliieh  ceases  if  not  renewed  at  end  of  tlie  year.  He  does 
not  hold  over  until  his  successor  is  chosen,  by  virtue  of  R.  S.,  1871,  c.  3,  §  25; 
nor  is  the  mode  of  his  appointment  by  c.  3,  §  27,  but  by  c.  27,  §  §  26  and  27. 
State  t'.  Weeks,  67  Maine,  69. 


48  AGENTS  OF  THE  CITY. 

and  manufacturing  purposes,   and  no  other ;    and  such 
-^5ompensation  agent  shall  receive  such  compensation  for  his  services,  and 
in  the  sale  of  such  liquors  shall  conform  to  such  regula- 
tions, not  inconsistent  with  the  provisions  of  law,  as  the 
board  appointing  him  shall  prescribe,  and  he  shall  hold 
—term  of  office,  liis  situation  ohe  year  unless  sooner  removed  by  them  or 
—vacancy,  how  their  successors  in  office.     Vacancies  occurring  during  the 
filled.  ygg^j.  g^j.g  ^^   i^g  filled   in  the  same   manner  as  original 

Agents  not  to  appointments  are  made.  No  such  agent  shall  have  any 
be  interested.,  interest  in  such  liquors,  or  in  the  profits  of  the  sale 
thereof.  Such  agents  may  sell  to  such  municipal  offiers 
municipal  intoxicating  liquors,  to  be  by  said  officers  disposed  of  in 
officers.  accordance  with  the  provisions  of  this  chapter. 

Agent  who  If  any  agent,  appointed  under  above  provisions,  to  sell 

visio^^T^  intoxicating  liquors,  shall  be  convicted  of  violating  any  of 
26,  forever  the  provisions  of  said  chapter  twenty-six,  he  shall  forever 
disqualified      thereafter  be  disqualified  from  holding  such  office. 

from  holding  ^  ^ 

such  office.  2.  Such  agent  shall  receive  a  certificate  from  the  board 

by  which  he  is  appointed,  authorizing  him  as  the  agent  of 

^^^i  ?,'  ?*  such  town  or  city  to  sell  intoxicating  liquors  for  medici- 

— shaU  have  a  "^  &      ^ 

certificate.        nal,  mechanical  and  manufacturing  purposes  only ;  but 
R.  s.,  1871,  c.      such  certificate  shall  not  be  delivered  to  the  person  so 

27  6  27 

'      '  appointed  until  he  shall  have  executed  and  delivered  to 

—shall  give       ^^^^  board  a  bond,  with  two  good  and  sufficient  sureties, 
bond,  amount,  in  the  sum  of  six  hundred  dollars,  in  substance,  as  follows  :^ 

Form  of  bond.  Know  all  men,  that  we, as  principal,  and ,  as  sure- 
ties, are  holden  and  stand  firmly  bound  to  the  inhabitants  of  the 

town  of ,  (or  city,  as  the  case  may  be,)  in  the  sum  of  six 

hundred  dollars,  to  be  paid  them,  to  which  payment  we  bind 
ourselves,  our  heirs,  executors,  and  administrators,  firmly  by 

these  presents.     Sealed  with  our  seals,  and  dated  this day  of 

A.  D,— -. 

Condition  of  The  condition  of  this  obligation  is  such,  that  whereas  the 

above  bounden has  been  duly  appointed  an  agent  for  the 

town  (or  city)  to  sell  intoxicating  liquors  for  medicinal,  mechani- 
cal, and  manufacturing  purposes  and  no  other,  until  the of 

A.  D. ,  unless  sooner  removed  from  said  agency.     Now 

if  the  said shall  in  all  respects  conform  to  the  provisions  of 

the  law  relating  to  the  business  for  which  he  is  appointed,  and 
to  such  regulations  as  now  are  or  shall  be  from  time  to  time 
established  by  the  board  making  the  appointment,  then  this  obli- 
gation to  be  void ;  otherwise  to  remain  in  full  force. 

«Foxcroft  V.  Crooker,  40  Maine,  308;  Wills  v.  Greeley,  50  Maine,  78. 


AGENTS  OF  THE  CITY.  49 

3.  No3  such  liquors  owned  by  any  city,  town  or  planta-  i^iq^iors  owned 

.  .  by  towns  or 

tion,  or  kept  by  any  agent  of  any  city,  town  or  plantation,   kept  by  agents, 
as  is  provided  in  this  act,  shall  be  protected  against  seizure    casts  and 

vessels  to  l)C 

and  forfeiture,  under  the  provisions  of  this  act,  by  reason    marked. 
of  such  ownership,  unless  all  the  casks  and  vessels  in  nji^.  §51. 
which  they  are  contained  shall  be  at  all  times  plainly  and 
conspicuously  marked'*  with  the  name  of  such  city,  town  or 
plantation,  and  of  its  agent.      When   any  such  liquors 
shall  be  seized,  bearing  such  marks  as  are  by  this  act  —seized,  bear- 
required  to  be  upon  liquors  owned  by  cities,  towns  or 
plantations,  if  such  liquors  are  in  fact  not  owned  by  any 
such  city,  town  or  plantation,  such  false  and  fraudulent  —false  marks 
marking  shall  be  conclusive  evidence  that  the  same  are    conclusive 

evi(i,Bnc6 

kept  or  deposited  for  unlawful  sale,  and  render  them  liable    uquors  for- 
to  forfeiture  under  the  provisions  of  this  chapter.     The    felted, 
liquors  kept  for  sale  by  such  agents  shall  not  be  adul-  —adulterated 
terated  or  factitious,   and  shall  not  be  protected  from    or  factitious, 
seizure  and  forfeiture  by  reason  of  being  kept  for  sale  by 
such  agents,  if  so  adulterated  or  made  factitious  and  they 
have  knowledge  of  the  fact. 

4.  No  person  authorized  as  aforesaid  to  sell  intoxi-  Agents  not  to 

eating  liquors  shall  sell  such  liquors  to  any  minor  without    ^®^^  ^  minors 
^1.      -..         .        .  .  .  .  ,  .  .  .  -..  or  others 

the  direction  m  writing  of  his  parent,  master  or  guardian,    described. 

to  any  Indian,  to  any  soldier  in  the  army,  to  any  drunk- 
ard, to  any  intoxicated  person,  or  to  any  such  persons  as 
are  described  in  the  fourth  section  of  the  sixty-seventh 
chapter  of  the  revised  statutes,  as  being  liable  to  guar-  ibid.  §  52. 
dianship,  knowing  them  respectively  to  be  of  the  condition 
herein  prescribed  ;  nor  to  any  intemperate  person,  of  whose 
intemperate  habits  he  has  been  notified  by  the  relatives  of 
such  person,  or  by  the  aldermen.  And  proof  of  notice  —notice  by 
so  given  by  the  aldermen,  or  by  then*  authority,  shall  be    aldermen  or 

1      •  ij     .1.       i.     .  Vr.     x/     .    .  .     \.   r.:        ^     relatives, suffi- 

conclusive    of    the    fact   of    the   intemperate    habits   of    cient evidence. 

such  person.      It  is  the  duty  of  the  aldermen  when  so  Aldermen  to 

informed  of  the  intemperate  habits  of  any  person  to  give    g^^e  notice  to 

notice  to  all  agents  for  sale  of  liquors  in  their  city  and  in  i^fd.°§*53. 

such  adjoining  places  as  they  may  deem  expedient. 

"Kidder  v.  Knox,  48  Maine,  599. 

*  Liquor  may  be  seized  if  casks  are  not  marked.  State  v.  Belfast,  68  Maine, 
187. 


50  AGENTS  OF  THE  CITY. 

Agents  vioiat-         5,  Any  agent  authorized  as  aforesaid  who  shall  violate 

the  law  by  illegal  sale,  shall  be  punished,  on  conviction, 

Dutyof>ider-  by  a  fine  of  twenty  dollars  for  every  such  offence,  and 

men  to  put       gjj^jj  g^jg^  -^e  liable  to  a  suit  upon  his  bond  :  and  it  is  the 

bond  in  suit.  ^ 

Ibid.  §  54.  duty  of  the  aldermen  to  cause  the  same  to  be  put  in  suit, 

For  full  pro-      ^nd  prosecuted  to  the  use  of  the  city.     And  whenever 

visions  see  ...,.,, 

Stat.  conviction  is  obtained  or  judgment  recovered  on  the  bond. 

Agent's  author-  the  authority  of  the  agent  is  absolutely  vacated,  and  it  is 
Aldermen  to      *^®  ^^*y  ^^  *^®  aldermen  to  revoke  such  authority,  when- 

revoke  author-  ever  they  shall  be  satisfied  of  the  violation  of  any  of  the 

^'  conditions  of  the  same. 

City,  town  and       6.  The  agents  of  towns  authorized  to  sell  intoxicating 

plantation        liquors,  shall  keep  a  record  in  a  book  kept  for  that  pur- 

£1^6 UlS  rC- 

quired  to  keep  pose,  of  the  amount  of  intoxicating  liquors  purchased  by 
record  of  sales,  them,  specifying  the  kind  and  quantity  of  each,  the  price 
paid,  and  of  whom  purchased :  and  they  shall  also  keep  a 
record  of  the  kind  and  quantity  of  the  liquors  sold  by 
them,  the  date  of   sale  and  the  price,  the  name  of  the 
purchaser,  and  the  purpose  for  which  it  was  sold  ;  specify- 
ing in  case  such  sale  is  made  to  the  municipal  officers  of 
—to be  open  for  any  other  town,  the  name  of  such,  which  shall  be  open  to 
_   .        '        inspection.     And  if •  such  agent  fails  to  keep  such  a  record 
negiept  to        ^^  shall  forfeit  and  pay  for  every  such  offence  a  sum  not 
keep,  penalty   less  than  ten  nor  more  than  twenty  dollars,  to  be  recovered 
— how  recov-     ^^  Complaint  or  indictment  before  any  court  competent  to 
ered.  try  the  same,  to  the  use  of  his  town.     And  if  any  person 

nes,  to  whom  knowingly  misrepresents  to  the  said  agent  the  purpose  for 
False represen-  which  he  purchases  the  intoxicating  liquors,  he  shall  for 
tationto  guch  offence  be  fined  twenty  dollars^  to  be  recovered  on 

Penalty  for,      Complaint  or  indictment  before  any  court  competent  to  try 
how  recov-       the  same,  to  the  use  of  his  town. 

^^^^-  7.  Immediately  after  appointing  a  State  commissioner, 

purchase  of  ^^^  Governor  shall  issue  to  the  municipal  oflScers  of  the 
state  Commis-  towns  of  this  State,  a  notice  of  the  name  and  place  of 
sioner.  business  of  said  commissioner  and  such  municipal  ofldcers 

Ibid.  §  15.  shall  purchase  such  intoxicating  liquors,  as. they  may  keep 

on  sale  for  the  purpose  specified  therein,  of  such  commis- 
sioner or  of  such  other  municipal  officers  as  have  pur- 
chased such  intoxicating  liquors  of  him,  and  of  no  other 
Ibid.  §  16  person  or  persons.^ 

»  Liquors  purchased  without  authority,  are  liable  to  seizure.  State  v.  Belfast, 
supra. 


or  for  adult- 
erating same. 


AGENTS  «F  THE  CITY.  51 

8.  If  any  municipal  officer  or  officers  shall  purchase  any  Penalty  for 
intoxicating  liquors,  to  be  sold  according  to  the  provisions  {J'^^^^^J 
of  the  laws  of  this  State,  of  any  other  person  or  persons  trarytoiaw 
except  those  specified  in  the  preceding  section,  or  if  he  or 
they  or  any  person  or  persons  in  his  or  their  employ  or  by 
his  or  their  direction,  shall  sell  or  offer  for  sale  any  such 
liquors  that  have  been  decreed  to  be  forfeited,  or  shall 
adulterate  or  cause  to  be  adulterated  any  intoxicating 
spirituous  or  malt  liquors,  which  he  or  they  may  keep  for 
sale  under  this  chapter  by  mixing  with  the  same  any 
coloring  matter,  or  any  drug  or  ingredient  whatever,  or 
shall  mix  the  same  with  other  liquors  of  a  different  kind 
or  quality,  or  with  water,  or  shall  sell  or  expose  for  sale 
such  liquor  so  adulterated,  knowing  it  to  be  such,  he  or 
they  shall  forfeit  for  such  offence  to  the  city  to  which  he 
or  they  may  belong  and  for  the  use  of  said  city,  a  sum 
not  less  than  twenty  nor  more  than  one  hundred  dollars, 
to  be  recovered  by  indictment. 


ed  from  liquor 
agency. 


Ordinances. 

1.  All  moneys  received  bj  the  city  agent  for  the  Disposal  of 
sale  of  intoxicating  liquors,  by  virtue  of  his  office,    funds  receiy. 
either  from  sale  of  liquors  or  from  any  other  source, 
shall  be  by  him  paid  over  to  the  city  treasurer,  at 
the  end  of  each  week,  during  his  term  of  office. 

2.  The  city  treasurer  shall  receipt  for  the  money  so 

J  J     ,     ,,  ,  "^  Treasurer  to 

received,  and  shall  keep  a  separate  account  with  said   receipt. 
liquor  agency,  in  which  all  the;  moneys  so  received 
shall  be  credited,  and  all  sums  expended  under  the 
provisions  of  the  following  section  of  this  ordinance 
shall  be  charged. 

3.  The  moneys  so  received  are  hereby  appropri- 
ated, so  far  as  required,  for  the  purchase  of  liquors  ^^  j^  „ 
and  to  defray  the  expenses  of  said  agency,  and  for   isn. 


52  ORDINAIilCES. 

other  purposes  connected  therewith,  but  they  shall 
not  be  paid  out  of  the  city  treasury  until  the  bills 
therefor  have  been  examined  and  approved  by  the 
How  approved,  committee  on  the  agency  for  the  sale  of  intoxicating 
liquors,  and  by  the  mayor. 

4.  Any  balance  or  surplus  of  said  moneys  remain- 
ing  in   the   treasury   after   the   disbursements    and 
expenditures  mentioned   in   the   preceding  section, 
shall  stand  to  the  credit  of  said  agency  until  other- 
Balance  to       wise  disposed  of  by  the  city  council,  and  shall  not 
agency.  constitute  any  portion  of  the  sinking  fund. 


Amusements. 


Statutes. 


INCLUDING  THEATRES,   CmCUSES,   BOWLING  ALLEYS,   BILLIARD 
ROOMS,    &C. 

1.  Penalty  for  exMbiting  pageantry,  &c.,  without  a  license. 

2.  Licenses  for  above,  how  granted ;  fee. 

3.  Penalty  for  keeping  bowling  alley  without  license. 

4.  Licenses  for  alleys  and  billiard  rooms ;  fee. 

5.  Bond  to  be  given. 

6.  Bond  violated,  to  be  revoked. 
J.  Penalty  for  violation. 

1.  If  any  person,  for  money  or  other  valuable  article,  Penalty  for 
exhibits  in  this  State  any  images,  pageantry,  slight  of   ^^^^^^^"g 
hand  tricks,  puppet  show,  circus,  feats  of  balancing,  wire    &c.,  without 
dancing,  personal  agility,    dexterity   or  theatrical  per-    a^^^^^e. 
formances,  without  a  license  therefor  as  hereinafter  pro-    § L' 
vided,  he  shall  forfeit,  for  every  such  offence,  not  more 

than  one  hundred,  nor  less  than  ten  dollars ;  but  this 
prohibition  shall  not  extend  to  any  permanently  established 
museum. 

2.  The  municipal  oflScers  of  towns  may  grant  licenses  Licenses  how 
for  any  of  the  foregoing  exhibitions  or  performances  granted;  fee. 
therein,  on  receiving  for  the  use  of  their  town  such  sum  ibid.  §2. 

as  they  deem  proper ;  twenty-four  hours  being  allowed 
therefor ;  and  they  shall  prosecute,  by  an  action  of  debt, 
in  the  name  and  for  the  use  of  their  town,  all  persons 
violating  the  provisions  of  the  above  section. 

3.  No  person  shall  keep  a  bowling  alley  or  billiard  Penalty  for 

room  without  a  license,  under  a  penalty  of  ten  dollars  for   ^^^eping  bowi- 

.  ing  alley  or 

each  day,  to  be  recovered  on  complaint  or  indictment  to    Billiard  room 

the  use  of  the  person  prosecuting.  without 

4.  The  municipal  officers  of  towns  may  license  suitable  "**'^* 
persons  to  keep  bowling  alleys  and  billiard  rooms  therein,  ^*^-  §  ^' 
in  any  place  where  it  will  not  disturb  the  peace  and  quiet 


54 


AMUSEMENTS. 


Licensee,  how 

granted ; 

fees. 
R.S.,1871,c.  29, 

§4. 
1881,  c.  13. 

Bond  to  be 

given, 
E.  S.,  1871,  c.  29, 

§5. 


Bond  violated, 
license  to  be 
revoked,  &c. 

Ibid.  §  6. 


Penalty  for 
violations. 

Ibid.  §  7. 


of  a  family,  for  which  the  person  licensed  shall  pay  ten 
dollars  to  the  use  of  such  town,  and  such  licenses  shall 
expire  on  the  first  day  of  May  next,  after  they  are  granted, 
unless  sooner  revoked. 

5.  Every  person  licensed  to  keep  a  bowling  alley  or 
billiard  room  shall  at  the  time  he  receives  his  license,  give 
a  bond  to  the  town  with  two  good  and  sufficient  sureties 
in  a  sum  not  less  than  one  hundred  dollars,  conditioned 
that  he  will  not  permit  any  gambling,  or  drinking  of 
intoxicating  liquors  in  or  about  his  premises,  or  any  minor 
to  play  or  roll  therein  without  the  written  consent  of  his 
parent,  guardian  or  master,  or  his  alley  or  billiard  room 
to  be  opened  or  used  from  ten  o'clock  in  the  evening  to 
sunrise. 

6.  If  any  person,  so  licensed,  violates  any  of  the 
conditions  of  his  bond,  the  municipal  officers,  on  being 
furnished  with  proof  thereof,  shall  revoke  the  license  and 
enforce  the  payment  of  the  bond  for  the  use  of  their  town  ; 
and  no  person  whose  license  is  so  revoked,  shall  after- 
wards, be  licensed  in  said  town  for  such  purpose. 

7.  The  keeper  of  any  bowling  alley  or  billiard  room, 
who  violates  any  of  the  provisions  of  section  five  shall 
forfeit  ten  dollars  for  the  first  offence,  and  twenty  dollars 
for  each  subsequent  offence  on  complaint  or  indictment  to 
the  use  of  the  person  prosecuting ;  and  any  marshal, 
sheriff,  police  or  other  officer,  may  at  any  time  enter  said 
bowling  alley  or  billiard  room,  or  rooms  connected  there- 
with, for  the  purpose  of  enforcing  this  or  any  other  law  ; 
and  any  person  who  obstructs  his  entrance  shall  forfeit 
not  less  than  five,  nor  more  than  twenty  dollars. ^ 


1  The  penalties  provided  in  this  section,  may  be  recovered  by  complaint, 
iQdict*nent  or  action  of  debt,  to  the  use.pf  tjie  person  so  prosecuting. 
See  State  v.  Haines,  30  Maine,  65. 
For  statutes  in  regard  to  prize  fights  and  game  cocks,  see  1873,  c.  146. 


Public  Assemblies. 

AND  THE  BUILDINQS  WHEREIN  PUBLIC  MEEEING8  ARE  HELD  AND 
CROWDS  ARE  COLLECTED. 


Statutes. 


1.  Assemblies  not  to  be  broken  up. 

2.  Assemblies  public.     Egress  from. 

3.  Duty  of  Mayor  and  Aldermen. 

4.  Inner  doors  of  public  buildings  must  open  outwards. 

5.  Outer  doors  must  be  open. 

6.  Fire  Escapes. 

7.  Penalty. 

8.  Duty  of  municipal  officers  when  complaint  is  made. 

1 .  Whoever,  by  rade  and  indecent  behavior,  disturbs  any  Penalty  for 
public  meeting  or  assembly,  or  creates  any  disturbance  in   disturbing 
any  hall,    walk,  or  corridor   adjacent  or  leading  to  the   ing. 
room  where  such  public  meeting  or  assembly  may  be  held,  i879,  c.  loi. 
shall  be  punished  by  a  fine  not  less  than  five  dollars,  or 
imprisonment  not  exceeding  t^iirty  days.^ 

2.  The  mayors  and  aldermen  of  cities  and  the  selectmen  Egress  from 
of  towns  are  hereby  authorized  and  erppowered  to  deter-   assembUes. 
mine  whether  or  not  any  hall  or  building,  now  erected  or 
hereafter  to  be  erected,  and  used  for  the  assemblages  of 
citizens,  is  provided  with  suitable  facilities  of  egress  in 

case  of  fire  or  other  casualty.  t 

3.  Upon  complaint  in  writing,  made  by  one  or  more  j^^^^  ^^  j^     j. 
citizens  to  the  mayor  and  aldermen,  or  selectmen,  stating   andAider- 
that  a  building  or  hall,  and  describing  the  same,  used  for  ^J^®^  ^^^ 
assemblages  of  citizens,   is  not  provided  with  suflScient  proceedings, 
facilities  of  egress  in  case  of  fire  or  other  casualty,  the 

said  mayor  and  aldernjicn,  or  selectmen,  shall  assign  a  day 
and  place  of  hearing  upon  said  complaint,  and  give  to  the 

»For  law  with  regard  to  unlawful  assenablies,  see  R.  S.,  1871,  c.  123,  §  2. 
State  v.  Boles,  34  Maine,  2$5. 

3 


56 


PUBLIC  ASSEMBLIES. 


owner  or  owners  of  said  hall  or  building  at  least  seven  days' 
written  notice  thereof ;  and  at  the  time  and  place  appoint- 
ed, shall  meet  and  hear  the  party  or  parties  in  interest, 
and  receive  all  evidence  relating  to  said  complaint  and  the 
subject  thereof,  and  may  view  the  premises  ;  and  thereupon 
said  mayor  and  aldermen,  or  selectmen,  shall  decide  and 
determine  upon  the  sufficiency  of  the  means  of  egress  from 
said  hall  or  building  and  what,  if  any,  additional  facili- 
ties therefor  are  necessary  ;  and  if  they  shall  find  there 
is  an  insufficiency  of  facilities  of  egress  from  said  build- 
ing or  hall,  and  shall  so  decide,  they  shall  notify  the  owner 
or  ownefs  therof  of  said  decision  ;  and  said  mayor  and 
aldermen,  or  selectmen,  may  forbid  the  use  of  said 
building  or  hall  for  assemblages  of  citizens  until 
such  additional  facilities  of  egress  as  they  shall  have 
found  necessary  shall  have  been  furnished  ;  and  if  the 
owner  or  owners  of  said  building  or  hall  shall  let  or  use 
the  same  in  violation  of  the  order  of  the  said  mayor  and 
aldermen,  or  selectmen,  so  as  above  made,  said  owner  or 
owners  shall  forfeit  not  less  than  twenty  nor  more  than 
fifty  dollars  for  each  offense,  to  be  recovered  in  an  action 
of  debt  to  the  use  of  said  city  or  town. 

4.  Any  church,  theatre,  hall  or  other  building  or  struct- 
ure intended  to  be  used  temporarily  or  permanently  for 
any  public  purpose,  or  any  schoolhouse  or  schoolroom, 
public  or  private  hereafter  constructed,  shall  have  all 
inner  do6rs  intended  to  be  used  for  egress  therefrom  open 
outwards. 

0.  All  outer  doors  of  buildings  or  structures  of  the 
kind  mentioned  above  constructed  or  hereafter  to  be  con- 
structed,   shall   be   kept   open   when   such  buildings  or 
structures  are  used  by  the  public,  unless  such  doors  open 
outwards,  and  except  that  fly-doors  opening  both  ways 
may  be  kept  closed. 
Fire  Escapes         ^-  -^^^  hotels  used  for  the  accommodation  of  the  public, 
and  ladders  oA  and  all  shops,  mills,  factories  and  other  buildings,  more 
ijjgg  than  two  stories  in  height,  in  which  any  trade,  manufac- 

ibid.  §  3.  t^^®  ^^  business  is  carried  on,  which  requires  the  presence 

of  workmen  or  other  persons  in  any  part  of  the  building 
above  the  first  story,  shall  be  provided  with  such  suitable 


Inner  doors 
must  open 
ouhoards. 

1881,  c.  50,  §  1. 


Outer  doors 
open. 
IMd.  §  2. 


PUBLIC  ASSEMBLIES.  57 

and  sufficient  fire-escapes,  outside  stairs  or  ladders,  as  the 
municipal  officers  shall  deem  to  be  sufficient  to  afford  safe 
and  easy  escape  from  the  building  in  case  of  fire,  and 
such  fire  escapes  or  ladders  shall  be  attached  to  the  build- 
ing or  be  stored  outside  of  such  building,  and  convenient 
thereto,  as  the  municipal  officers  shall  direct,  and  shall  be 
of  such  length  and  number  as  said  officers  shall  approve. 

7.  Whoever  violates  the  provisions  above  ^  shall  forfeit  Penait5%. 
tiie  sum  of  fifty  dollars,  and  a  further  sum  of  five  dollars  ibid.  §4.. 
per  day  for  every  day's  continuance  thereof,  to  be  recov- 
ered by  and  for  the  use  of  the  town  or  city  where  such 
building  is  located,  in  an  action  on  the  case,  or  by  indict- 
ment. 

8.  Whenever  complaint  is  made  to  the  municipal  officers  Duty  of 
of  any  town,  that  any  building  of  the  kind  mentioned  in    Municipal 
the  three  preceding  sections  now  or  hereafter  to  be  con-   on  complaint 
structed,  is  deficient  in  facilities  for  egress  by  reason  of  ibia.  §5. 
the  inner  doors  thereof  opening  inwards,  or  for  the  want 

of  fire-escapes,  outside  stairs  or  ladders  hereinbefore 
specified,  it  shall  be  the  duty  of  such  municipal  officers  to- 
give  notice  to  all  parties  interested  in  said  matter,  and.  to> 
inspect  such  building,  and  if  they  find  the  same  so  defi- 
cient, they  shall  notify  the  owner,  occupant,  lessee,  or- 
other  person  having  charge  thereof,  and  require  of  him' 
such  changes  as  shall  be  necessary  to  make  said  doors, 
open  outwards,  and  to  provide  suitable  and  sufficient  fire- 
escapes,  outside  stairs  or  ladders  to  be  attached  or  stored 
as  herein  provided,  and  such  person  shall  be  allowed  thirty 
days  to  make  such  changes  and  provisions,  and  if  he  shall 
neglect  or  refuse  to  make  and  provide  the  same  within  said 
time,  he  shall  forfeit  the  sum  of  fifty  dollars,  and  an  addi- 
tional sum  of  five  dollars  per  day  for  every  day's  continu- 
ance of  such  neglect  or  refusal  to  comply  with,  the 
provisions  of  this  act,  to  be  recovered  by  and  for  the  use- 
of  the  city  or  town  where  the  building  is  located,  in  am 
action  on  the  case  or  by  indictment.. 


Auctions  and  Auctioneers. 


Municipal 
officers  to 

'  license 
auctioneers 
and  keep  a 
record  there- 
of. Fees. 

E.S.,1871,c.34, 
§1. 

1878,  c.  28. 


Appeal  to 
county  com- 
missioners, in 
case  of  refusal. 

R,  S.,1871,c. 
34,  §2. 


1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 

1. 


Statutes. 
License. 

If  refused,  appeal  to  county  commissioners. 
To  keep  account  of  sales. 

Penalty  for  allowing  non-voter  in  the  State  to  sell. 
Penalty  for  receiving  goods  of  minors,  &c. 
Sale  of  real  estate  in  two  towns.     Penalty. 
Penalty  for  permitting  unauthorized  persons  to  sell. 
Exceptions  of  sales  by  sheriffs,  &c. 
Fines,  how  imposed  and  recovered. 
Special  licenses  to  any  voter  in  the  State. 

Ordinance. 
No  person  to  sell  in  streets   of  city,  except  in  places 
assigned  by  mayor  and  aldermen. 
2.     Penalty  for  violation. 

Statutes. 

1 .  The  municipal  officers  of  any  town  may  license  any 
legal  voter  of  their  town  by  a  writing  under  their  hands, 
to  be  auctioneers  for  one  year,  in  any  town  in  said  county  ; 
and  shall  record  every  such  license  in  a  book  kept  by  them 
for  that  purpose.  Persons  so  licensed  may  be  exempted 
from  any  liability  to  deduct  two  and  one  half  per  cent, 
from  the  gross  amount  of  sales,  as  provided  in  section  three 
of  chapter  thirty-four  of  revised  statutes.  Persons  so 
licensed  shall,  upon  receipt  of  such  license,  pay  to  the 
treasurer  of  said  town  the  sum  of  two  dollars,  and  by  him 
paid  into  the  treasury  for  the  use  of  the  town  where  such 
license  is  granted. 

2.  If  such  officers,  after  written  application  to  them  for 
a  license,  unreasonably  refuse  or  neglect  to  grant  it,  the 
applicant,  by  giving  them  ten  days'  notice  and  a  bond  to 
pay  all  costs  arising  thereafter,  may  appeal  to  the  county 
commissioners,  who,  after  a  hearing  of  the  parties,  may 
grant  the  license  if  they  judge  it  reasonable. 


AUCTIONS  AND  AUCTIONEERS.  59 

3.  Every  person  licensed  shall  keep  a  fair  and  particular  ^"^^""^^"j^^J^ 
account  of  all  goods  and  chattels  by  him  sold,  stating  of  ^f  goods  sold, 
whom  received,  and  the  price  for  which  the  same  were    *c. 

sold,  and,  unless  otherwise  authorized,  if  said  goods  are  ^^^-  ^^• 
sold  voluntarily  for  the  benefit  of  parties  residing  out  of 
the  State,  he  shall  deduct  two  and  a  half  per  cent,  from 
the  gross  amount  of  the  sales  for  the  use  of  the  town, 
where  the  sale  is  made,  and  pay  the  same  to  the  treasurer 
thereof  within  ten  days  after  the  sale ;  and  in  default 
thereof,  he  shall  be  liable  to  a  fine  of  not  less  than  fifty, 
nor  more  than  three  hundred  dollars ,  and  forfeit  his  license .  ^ 

4.  No  auctioneer  shall  allow  any  person,  not  a  legal  ^eiiaityfor 

•^    y  .      T  allowing  any 

voter  in  the  town  from  which  he  received  his  license,  to    one  not  a  voter 
act  for  or  under  him  in  any  sales  by  public  auction,  under    i^the  town,  to 

1.         A    /./..       1   11  i.  1       «.  T  act  under  him. 

penalty  of  fifty  dollars  for  each  offence  ;  and  any  person  j^^^j  §  ^ 
so  acting  shall  be  subject  to  the  same  penalty. 

5.  If  any  auctioneer  receives  any  goods  for  sale,  at  Penalty  for 
public  auction,  of  any  servant  or  minor,  knowing  him  to    ^^g,^^ 

be  such,  or  sells  any  goods  before  sunrise,  or  after  sun-    minors  or  ser- 
set,  at  public  auction,  he  shall  forfeit  a  sum  not  less  than  J^i^^^'*^/  . , 
fifty  nor  more  than  one  hundred  and  seventy  dollars  for  special  license 
each  offence  ;  but  the  municipal  officers  of  any  town,  may    tx)  sell  after 
license  any  duly  licensed  auctioneer  specially  to  sell  after 
sunset   upon  payment  of  a  sum  not  exceeding  twenty 
dollars. 

6.  A  parcel  of  real  estate  lying  partly  in  one  town  and  Real  estate 
partly  in  another,  may  be  sold  by  an  auctioneer  of  either  ;    ^^^"^  ^°  ^® 

^         -^  ">         J  J  toTvns,  how 

but  if  any  auctioneer  sells  or  offers  to  sell  any  real  or    gold.  Penalty, 
personal  property  at  public  auction  in  any  other  towns  i^^d.  §  6. 
than  those  authorized  by  his  license,  or  if  any  person  sells 
without  a  license,  he  shall  forfeit  not  exceeding  six  hundred 
dollars. 

7.  If  the  tenant  or  occupant  of  any  building,  having  Peaaity  for 
actual  possession  and  control  thereof,  knowingly  permits    p®""*"*^^  ^ 
any  person  to  sell  any  goods  or  chattels  at  public  auction    seu  contrary 
contrary  to  the  provisions  of  this  chapter,  in  such  build-    *^  ^^^^'  *^- 
ing,  or  in  any  apartment,  or  yard  appurtenant  thereto,  he 

1  As  to  extent  of  auctioneer's  agency,  see  Horton  v.  McCarthy,  53  Maine, 
394. 
Memorandum  of  the  contract  must  be  made  by  auctioneer. 


60  AUCTIONS  AND  AUCTIONEERS. 

shall  forfeit  not  more  than  six  hundred,  nor  less  than  one 
hundred  dollars. 
Exceptions  as        8.  Nothing  in  the  preceding  sections  shall  extend  to 
to  sales  by       sales  made  by  sheriffs,  deputy  sheriffs,  coroners,  constables 
Ibid.  §  8.  ^^  collectors  of  taxes,  executors  or  administrators,  or  any 

other  person  authorized  to  sell  goods,  chattels,  or  lands, 
by  order  of  any  court  or  judge  of  probate. 
Fines  how  9.  All  fines  imposed  by  this  chapter  may  be  recovered 

recovered^nd  ^^  indictment  in  any  court  proper  to  try  the  same  ;  and  it 
Ibid.  §  9.  shall  be  the  especial  duty  of  city  marshals  and  their  depu- 

ties, sheriffs,  constables  and  police  officers,  to  make  imme- 
diate complaint  for  every  offence  against  the  provisions 
hereof ;  and  one-half  of  all  fines  shall  be  for  the  use  of 
the  prosecutor,  and  the  other  for  the  use  of  the  town  where 
the  offence  is  committed. 
Special Uoenses      ^^'  "^^^  municipal  officers  of  any  city  or  town  in  this 
to  inhabitants  state,  may  grant,  upon  presentation  of  an  invoice  or  inven- 
i^^c^i82         *^^y  ^^  *^^  property  to  be  sold,  which  shall  be  produced, 
unless  said  municipal  officers  shall  decide  that  the  same 
is  unnecessary,  a  special  license  to  any  auctioneer,  a  legal 
voter  in  this  state,  to  sell  at  public  auction,  between  the 
hours  of  seven  a.  m.  and  six  p.  m.,  upon  the  payment  of 
five  dollars  for  each  and  every  invoice  or  inventory  ;  the 
above  license  fee  to  go  to  the  use  of  said  city  or  town. 

Ordinance. 

No  person  to         ^^  person  shall  sell,  or  expose  for  sale  at  auction, 
sell  at  auction  ^ny  ffoods,  wares,  chattels,  or  other  merchandise,  in 

in  streets  of  J    &  '  '  ' 

the  city.  any  street,  alley,  square,  or  other  public  place,  or  on 

any  sidewalk  in  the  city,  except  in  such  places  as  may 

Aidemien  to    ^^  assigned  by  the  mayor  and  aldermen  for  that  pur- 

assign  places,  pose.      And  the   mayor   and   aldermen  are  hereby 

authorized  to  assign  such  places  for  the  purpose  of 

Rev.  ord.:i868.   Selling  goods  at  auction,  as  they  shall  think  expedient. 

.ord.  i848,c.8,  A.ny  person  who  shall  offend  against  the  provisions 

of  this  ordinance,  shall  forfeit  and  pay  a  sum  not  less 

.than  five,  nor  more  than  tw^enty  dollars. 


Boats  and  Lighters. 


Statutes. 

1.  Boats,  &c.,  for  carrying  stones,  &c.,  to  be  inspected. 

2.  Penalty. 

3.  Inspectors,  how  appointed. 

4.  Lighters,  alteration  of  capacity. 

5.  Penalty  for  throwing  ballast  into  harbor,  &c. 

1 .  Every  boat  or  lighter  employed  in  carrying  stones,  Lighters  carry- 
sand,  or  gravel,  shall  be  marked  at  light  water  mark,  and    or^CTavei^^^ 
at  least  at  five  other  places,  with  figures  four,  twelve,  six-    shall  be 
teen,  twenty-four,  and  thirty,  legibly  made  on  the  stem    ^^^^^'*"^ 
and  stem  post  thereof,  expressing  the  weight  such  boat   inspected  and 
or  lighter  is  capable  of  carrying,  when  the  lower  part  of    r®^®^®<^ 
the  respective  numbers  touch  the  water  in  which  it  floats  ;  b.  s.,  1874,  c.  36, 
and  such  marks  shall  be  inspected  yearly,  and  when  found    §  is. 
illegible  in  the  whole  or  in  part,  they  shall  be  renewed. 

2.  The  master  or  owner,  who  uses  without  such  marks.  Penalty  for 

T  ,       -   ,      ,  -  ,   -  -,    ,  using  lighters 

and  any  person,  who  falsely  marks  any  such  boat  or  lighter,    without  marks 
shall  forfeit  fifty  dollars,  to  be  recovered  by  any  person   marking^ 
suing  therefor  in  an  action  of  debt.  j^^^^  J  ^g 

3.  The  municipal  oflScers  of  every  town,  where  boats  Municipal  offi- 
and  lighters  are  employed  for  the  purposes  aforesaid,  shall    ^^^^pg^^"' 
annually  appoint,  in  April  or  May,  some  suitable  person    and  regulate 
to  examine  and  ascertain  the  capacities  of  all  such  boats   ^^es. 

and  lighters,  and  mark  them  as  above  prescribed,  who 
shall  be  duly  sworn  ;  and  said  oflScers  shall  establish  and 
regulate  the  fees  therefor. 

4.  When  such  inspector  thinks  that   the   burden    or  ^^^^^  capacity 
capacity  of  any  such  boat  or  lighter  is  altered  by  repairs    of  lighter  has 
or  otherwise,  he  shall  forthwith  ascei*tain  the  same  anew,    ^®*^  ^^t®'^*^' 
and  marii  it  accordingly.  ibid.  §  21. 


62 


BOATS  AND  LIGHTERS. 


Penalty  for 
throwing 
ballast  into 
any  road, 
port  or 
harbor,  &c. 

Ibid.  §  22. 


5.  No  master  of  any  vessel  shall  throw  overboard  any 
ballast  in  any  road,  port,  or  harbor,  on  penalty  of  sixty 
dollars  ;  and  no  person  shall  take  any  stone  or  other  ballast 
from  any  island,  beach,  or  other  land,  without  consent  of 
the  owner,  under  a  penalty  not  exceeding  seven  dollars  for. 
each  offence,  to  be  recovered  in  an  action  of  debt  by  any 
person  suing  therefor,  one-half  to  his  own  use,  and  the 
other  to  the  use  of  the  town,  where  the  offence  is  com- 
mitted. 


Boundary  Lines. 


Statutes. 


1.  Boundaries  of  Portland. 

2.  Annexation  of  part  of  Westbrook  to  Portland. 

PERAMBULATIONS. 

3.  Ancient  boundaries  continue. 

4.  Town  boundaries  established  by  perambulation. 

5.  Monuments  erected. 

6.  Disputed  lines. 

7.  Line  between  Portland  and  Westbrook. 


Boundaries  of 


1.  By  act  of  the  general  court  of  Massachusetts,  passed 

•^  °  '  ^  the  town  of 

July   4,  1786,  incorporating  the  town  of  Portland,  the    Portland. 

boundaries  of  said  town  were  described  as  follows,  viz:  special  laws  of 
Beginning  at  the  creek  that  runs  into  Round  Marsh,  so  Massachusetts. 
called,  thence  north-east  to  Back  Cove  Creek,  thence  down  voi.  i,  p  i3i,  § 
the  middle  of  that  creek  to  Back  Cove,  thence  across    ^' 
said  Cove  to  sandy  goint,  thence  round  by  Casco  Bay  to 
Fore  River,  1  thence  up  Fore  River  to  the  first  bounds, 
together  with  all  the  Islands  that  now  belong  to  the  first 
parish  in  said  Falmouth  ;  and  by  section  ninth  of  the  same 
act,  it  was  further  enacted,  that  a  certain  tract  of  land 
within  the  limits  of  the  town  of  Portland,  and  containing 
about  one  hundred  and  eighty  acres,  belonging  to  Samuel 
Dean,  Joshua  Freeman  and  Elizabeth  Wise,  and  which 
descended  to  them  from  Moses  Pearson,  Esq.,  late  of  Fal- 
mouth, deceased,  be  annexed  to  the  town  of  Portland  and 
shall  be  considered  as  part  thereof,  and  the  lands  granted 
to  the  first  parish,  in  said  Falmouth,  for  the  support  of 
the  ministry  there,  are  hereby  annexed  to  said  town  of 
Portland,  and  shall  be  considered  as  part  thereof. 

1  See  act,  locating  a  bridge  across  Fore  River  by  which  the  limits  of  the 
city  of  Portland  are  extended,  post,  title  "  Vaughan's  Bridge." 


64 


BOUNDAEY  LINES. 


Annexation  of 

part  of 

Westbrook  to 
.  Portland. 
Act  1845,  c.  279. 


Ancient 

boundaries 

continue. 
R.  S.,  1871,  c.  1, 

§1. 

Perambula- 
tions, 

proceedings 
respecting 
them. 

R.  S.,  1871,  c.  3, 
§41. 


Monuments 
maybe 
erected  at 
angles. 

Ibid.  §  42. 


Disputed  lines 
of  towns,  how 
settled. 

Ibid.  §  43. 


2.  The  southern  half  of  that  part  of  the  old  county 
road  running  northwardly  from  the  city  of  Portland,  which 
has  the  town  of  Westbrook  on  the  easterly  side,  and  the 
city  of  Portland  on  the  westerly  side,  is  hereby  set  off 
from  the  town  of  Westbrook,  and  annexed  to  the  city  of 
Portland. 

3.  The  bounds  of  towns  continue  as  established,  except 
as  hereafter  provided. 

4.  The  municipal  officers  of  the  most  ancient  town 
shall  give  ten  days'  notice  in  writing  to  such  officers  of 
the  adjoining  towns  of  the  time  and  place  of  meeting 
for  perambulation  ;  and  the  officers  who  neglect  their  duty 
in  notifying  or  attending  in  person,  or  by  substitutes,  shall 
forfeit  and  pay  ten  dollars,  two-thirds  to  the  use  of  the 
town  which  complies  with  its  duty,  and  the  other  third 
to  any  two  or  more  of  said  officers  of  the  town  complying, 
to  be  recovered  at  any  time  within  two  years  after  the 
forfeiture  is  incurred  ;  and  the  proceedings  of  such  officers, 
after  every  such  renewal  of  boundaries  shall  be  recorded 
in  their  town  books. 

5.  All  towns,  which,  since  the  twenty-second  day  of 
March,  eighteen  hundred  and  twenty-eight,  have  peram- 
bulated, or  hereaftef  perambulate  their  several  lines  as 
by  law  prescribed,  and  set  up  stone  monuments,  at  least 
two  feet  high,  at  all  the  corners  and  several  angles,  and 
where  the  lines  cross  highways,  or  on  or  near  the  banks 
of  all  rivers,  bays,  lakes,  or  ponds,  which  said  lines  cross, 
or  which  are  the  boundaries  of  said  lines,  shall  be  ex- 
empted from  the  duty  of  perambulating  said  lines,  except 
once  in  every  ten  years,  commencing  in  ten  years  from 
the  time  the  stone  monuments  were  so  erected. 

6.  When  a  town  petitions  the  Supreme  Judicial  Court, 
stating  that  a  controversy  exists  between  it  and  an  adjoin- 
ing one  respecting  a  town  line  or  lines,  and  praying  that 
it  may  be  run  by  commissioners  appointed  by  the  court, 
the  court,  after  due  notice  to  all  parties  concerned,  may 
appoint  three  commissioners,  who  shall,  after  giving  notice 
to  all  persons  interested  of  the  time  and  place  of  meeting, 
ascertain  and  determine  the  line  or  lines  in  dispute,  and 
describe  them  by  courses  and  distances,  and  make,  set, 


BOUNDARY  LINES.  65 

and  mention  in  their  return,  suitable  monuments  and  marks 
for  the  permanent  establishment  of  such  lines,  and  make 
duplicate  returns  of  their  proceedings  ;  one  of  which  shall 
be  returned  to  the  court,  and  the  other  to  the  officQ  of  the 
secretary  of  State  ;  and  such  line  or  lines,  shall  be  deemed 
in  every  court  of  law  and  for  every  purpose  the  true 
dividing  line  oc  lines  between  such  towns. 

7.  The  boundary  line^  between  the  city  of  Portland  and 
the  town  of  Deering,  as  run  by  W.  A.  Goodwin,  City 
Engineer  of  the  city  of  Portland,  is  as  follows  : 

Beginning  at  centre  of  channel  of  Back  Cove  at  Deer- 
ing's  Bridge ;  thence  westerly  through  centre  of  said 
channel  to  east  line  of  old  county  road  now  Grove  street ; 
thence  northwesterly  by  the  easterly  line  of  said  road  a 
distance  of  fifteen  hundred  thirty-three  and  fifty-six  hun- 
dredths (1533.56)  feet,  to  a  stone  monument ;  thence  at 
right  angles  from  the  easterly  to  the  westerly  side  line  of 
said  old  county  road  a  distance  of  forty-nine  and  one  half 
(49^)  feet,  to  a  stone  monument ;  thence  northwesterly  on 
the  westerly  side  line  of  said  road,  a  distance  of  fifteen 
hundred  and  thirty-three  and  fifty-six  hundredths  (1533.56) 
feet,  to  a  stone  monument ;  thence  with  an  included  angle 
to  westward  of  one-hundred  nineteen  degrees,  eighteen 
minutes  (119°  18')  a  distance  of  twelve  hundred  seventy- 
eight  and  six  tenths  (1278.6)  feet  to  a  stone  monument ; 
thence  southerly  with  an  included  angle  of  forty-one 
degrees  ten  minutes  (41°  10')  a  distance  of  five  hundred 
thirty  and  nine-tenths  (530.9)  feet,  to  a  stone  monument ; 
thence  southwesterly  with  an  included  angle  of  one  hun- 
dred eight  degrees  thirty-seven  minutes,  (108°  37'),  a 
distance  of  twenty-seven  hundred  twenty  and  three  tenths 
(2720.3)  feet,  to  a  stone  monument,  standing  on  the  east- 
erly side  line  of  the  county  road  at  "Libby's  Comer;** 
thence  southeastly  with  an  included  angle  of  eighty-eight 

*  See  plans  In  City  Engineer's  office,  City  Engineer's  Report  of  year  1878-9, 
also  city  records,  vol.  18,  p.  452. 

"  The  boundary  line  between  the  city  and  the  town  of  Cumberland,  within 
limits  of  Casco  Bay,  has  also  been  run,  crossing  Little  Chebeague,  Crow, 
Hope,  Crotch  and  Jewell's  Islands.  The  work  was  completed  too  late  in  the 
season  for  the  setting  of  monuments  on  the  line.  The  line  should  be  perma- 
nently marked  and  legally  perambulated  without  unnecessary  delay." 

City  Engineer's  Report,  1878-9;  see  also,  city  records,  1878. 


66  BOUNDARY  LINES. 

degrees  thirty-nine  minutes  (88°  39')  a,  distance  of  nine 
hundred  twenty-two  and  one-tenth  (922.1)  feet,  to  a  stone 
monument ;  thence  southwesterly  with  an  inclined  angle 
.  of  seventy-seven  degrees  four  minutes  (77°  4') ,  a  distance 
of  one  hundred  and  seventy-nine  and  ninety-two  hun- 
dredths (179.92)  feet,  to  a  stone  monument  on  the  easterly 
side  line  of  the  county  road  last  named ;  thence  south- 
westerly with  an  angle  northward  of  two  degrees  eighteen 
minutes  (2°  18')  a  distance  of  seventy-two  and-four  tenths 
(72.4)  feet  to  a  stone  monument ;  thence  southwesterly 
with  an  angle  to  northward  of  three  degrees  fifty-one 
minutes  (3°  51'  a  distance  of  forty-three  and  eighty-five 
hundredths  (43.85)  feet  to  a  stone  monument;  thence 
southwesterly  with  an  angle  to  southward  of  thirteen 
degrees  nineteen  minutes  (13°  19')  a  distance  of  one 
hundred  thirty-six  and  six  tenths  (136.6)  feet,  to  a  stone 
monument,  thence  southwesterly  with  an  included  angle 
of  one  hundred  sixty-five  degrees  forty  minutes  (165°  40') 
a  distance  of  ten  hundred  ten  (1010)  feet  to  an  iron  rod 
standing  in  canal  basin  ;  thence  southerly  with  an  angle 
to  northward  of  twenty-six  degrees  forty-four  minutes 
(26°  44'),  a  distance  of  four  hundred  and  fifty  (450)  feet, 
to  a  stone  monument  standing  in  the  old  tow  path  of  said 
canal  basin  ;  thence  same  course  to  centre  of  channel  of 
Fore  river. 


Bread. 


Statutes. 

1.     City  council  authorized  to  make  laws  in  relation  to  assize  of 
bread. 

1 .  The  city  council  of  the  city  of  Portland  is  author-  city  council 
ized  and  empowered  to  ordain  and  publish  such  acts,  laws    ^^^^  ^^^^  ^^ 
and  regulations,  not  inconsistent  with  the  constitution  and    relation  to 
laws  of  this  State,  as  shall  be  deemed  by  them  to  be  need-    ^^^^^^  ^^ 
ful  and  wise,  in  relation  to  the  assize  of  bread  sold  or  st.  i857,  c.  103. 
offered  for  sale  in  the  city  of  Portland,  so  as  best  to  guard 
against  frauds  in  the  sale  of  said  article. 


Bridges.' 


Statutes. 


1.  Portland  to  support  Pride's  and  Stroudwater  Bridges. 

2.  Incorporation  of  the  proprietors  of  Portland  bridge.  Name 

changed  to  Vaughan's  bridge.  Organization.  Tolls, 
&c.  Draw.  Time  allowed  for  building  bridge.  Loca- 
tion. 

3.  Act  authorizing  the  county  commissioners  to  locate  a  free 

bridge  over  the  lines  of  Vaughan's  bridge. 

4.  Draw,  construction  and  regulation  of. 

5.  Expense  of   constructing  bridge,  how  paid.  Bridge,  terri* 

torial  limits,  regulations  of.  Additional  powers  of  county 
commissioners. 

6.  Proceedings  of  county  commissioners  in  regard  tO'  laying 

out  said  bridge. 

7.  Deering  bridge  laid  out  by  Portland. 

8.  Back  Cove  bridge,  incorporation  of.     Location.     Kfestric- 

tions. 

9.  Additional  act.     Draw  and  piers.    Extension  of  time  as  a 

•     toll  bridge. 

10.  Reduction  of  tolls.     Further  extension  of  time  as  a  toll 

bridge. 

11.  Portland  authorized  to  receive  and  maintain  Back  'Cove 

bridge. 

12.  To  be  maintained  as  a  free  bridge. 

13.  City  to  have  authority  to  construct  said  bridge  for  the  pur- 

pose of  a  dam.     May  occupy  flats. 

14.  Draw.    Vessels  to  pass  free  of  expense. 

15.  Assess  a  tax  for  support  of  bridge. 

16.  Portland  bridge.     Incorporation  of  proprietors.  Location; 

17.  Draw.    Piers.     Vessels  to  pass  free  of  expense. 

18.  Surrender  of  bridge  to  county  of  Cumberland  by  proprie- 

tors.    Acceptance  and  establishment  as  a  free  bridge. 

19.  Powers  given  to  county  commissioners  to  establish  a  side 

passage  to  Canal  street. 

1  Word  "  highway"  may  include  bridges.    R.  S.,  1871,  c.  1  §  4. 

For  penalty  for  injuring  or  obstructing  bridge,  see  R.  S.,  1871,  c.  127,  §  4, 
and  30  Maine,  182. 

See  also,  title  "  Streets." 

See  also,  law  imposing  fine  of  $3  for  fast  driving  on  bridge,  and  recent  law 
providing  for  complaint  of  municipal  officers,  1881,  c.  7.    R.  S.,  1871,  c.  19. 


BRIDGES.  69 

pride's   and    STROUD  water   BRIDGES. 

1 .  In  the  act  of  the  Massachusetts   legislature,  incOr-  Town  of 
porating  the  town  of  Portland,  the  following  provision  in    Portland  to 
regard  to  bridges  in  that  part  of  Falmouth  now  called   pride'sand 
Westbrook,    was    enacted,    viz:— "And   be   it   further    stroudwater 

bridges. 

enacted  that  the  inhabitants  of  the  town  of  Portland  shall 
from  time  to  time  amend  and  repair  Pride's  bridge  on    laws,  July  4, 
Presumpscot  river  and  the  great  bridge,  so  called,  (now    1786,  §  8. 
called  Stroudwater  bridge^)  on  Fore  river,  although  the 
same  be  not  included  within  the  limits  of  Portland,  afore- 
said. "3 

VAUGHAN's    BRIDGE. 

2.  By  an  act  passed  by  the  Massachusetts  legislature,  incorporation 

February  25,   1794,  William  Vaughan  and  others  were    of  the 

constituted  a  corporation,  under  the  name  of  the  proprie-    Portland 

tors  of  Portland  bridge,  for  the  purpose  of  constructing  a    bridge. 

bridge  from  Portland  to  Cape  Elizabeth.     (A  subsequent 

°  1  \  ^  jIjJjj   February 

act,  passed  March  4,  1800,  changed  the  name  of  the  cor-    25, 1794,  §i. 
poration   to    "the   proprietors   of  Vaughan's   bridge.") 
Provisions  were  made  for  organization,  the  rates  of  toll,  ^q^"YJ^^*^*' 
(to  be  subject  to  the  regulations  of  government  after  the 
term  of  thirty  years,)  and  also,  for  the  construction  of  a  xame  changed 
draw  for  the  passage  of  vessels.     It  was  further  provided    ^  vaughan*s 
that  the  act  should  be  void  if  the  bridge  should  not  be  organization, 
completed  for  the  space  of  six  years.     The  additional  act  '^^^^^'  *^- 
passed  March  4,  1800,  extended  the  time  for  the  com- 
pletion  of  the  same  nine  months.     It  was  further  enacted, 
that  the  bridge  shall  be  built  at  a  place  called  Bramhall's  Time  allowed 
point  in  Portland,  and  land  at  or  near  Jacob  Brown's    ^^^^^    °^ 
farm  in  Cape  Elizabeth,  as  may  be  determined  by  a  ma-  Location, 
jority  of  the  proprietors. 

3.  By  an  act  approved  April  17,  1854,  the  county  com-  Actauthoriz- 
missioners  of  the  county  of  Cumberland  were  authorized  commilXnera 
to  lay  out  and  locate  a  free  bridge  and  public  highway    to  locate  a 
across  Fore  river,  in  said  county,    commencing  at  the    ^^^^"^^s^ 

'  •' '  ®  over  the  hnes 

easterly  end  of  Vaughan's  bridge,  in  Portland,  and  extend-    of  vaughan's 
ing  on  the  line  of  said  bridge  to  the  westerly  termination    ^^^s^- 

°  &  .7  1854,363,  §1. 

« For  articles  of  agreement  defining  the  bounds  of  Stroudwater  bridge 
made  by  the  city  council,  and  selectmen  of  Westbrook,  see  city  records,  vol. 
6,  page  213. 

8  Town  of  Deering  set  off  fi-om  Westbrook  In  1871. 


70 


BRIDGES. 


Draw, 
construction 
and  regulation 
of. 

Ibid.  §  2. 


Expense  of 
constructing 
bridge,  how 
paid. 

Ibid.  §  3. 

Bridge 
territorial 
limits, 
regulation  of. 

Additional 
powers  of 
county 
commis- 
sioners. 


Proceedings  of 
county  com- 
missioners in 
regard  to 
laying  out  said 
bridge. 

Rep.  C.  C, 
June  term, 
1854,  S.  J.  C. 


thereof,  in  Cape  Elizabeth,  if  upon  petition  and  hearing 
pursuant  to  the  twenty-fifth  chapter  of  the  revised  statutes, 
said  commissioners  shall  judge  said  bridge  and  highway 
to  be  of  common  convenience  and  necessity. 

4.  Said  county  commissioners  shall  cause  to  be  con- 
structed in  such  place  in  said  bridge,  as  they  may  desig- 
nate, a  suitable  and  convenient  draw,  of  not  less  than 
forty-two  feet  in  width  ;  and  said  draw  shall  be  kept  and 
maintained  under  such  regulations  as  said  commissioners 
may  from  time  to  time  establish. 

5.  Three-fourths  of  the  expense  of  constructing  and 
maintaining  said  bridge,  shall  be  paid  by  the  city  of  Port- 
land, and  one-fourth  by  the  town  of  Cape  Elizabeth  ;  and 
said  commissioners  shall  have  power  to  designate  the 
sections  of  said  bridge  which  shall  be  respectively  built 
and  maintained  by  said  city  of  Portland,  and  said  town  of 
Cape  Elizabeth,  and  to  establish  the  lines  of  divisions 
between  said  sections,  and  if  upon  such  division  any  part 
of  said  bridge  required  to  be  built  and  maintained  by  said 
city,  shall  extend  within  the  present  limits  of  said  town  of 
Cape  Elizabeth,  the  territory  covered  by  such  part  of  said 
bridge  shall  be  thereafter  inclosed  within  the  territorial 
limits  of  said  city  so  long  as  said  bridge  shall  be  main- 
tained ;  and  said  commissioners,  in  addition  to  the  pow- 
ers herein  before  granted,  shall  have  powers  in  laying  out 
and  locating  said  highway  and  bridge  conferred  by  the 
provisions  of  the  twenty-fifth  chapter  of  the  revised 
statutes,  relating  to  the  location  of  highways,  and  the 
awarding  of  damages  therefor. 

6.  At  a  meeting  of  the  board  of  county  commissioners 
for  the  county  of  Cumberland,  held  May  29,  1854,  a  free 
bridge  and  public  highway  was  laid  out  and  located  on  the 
lines  of  Vaughan's  bridge,  in  accordance  with  the  pro- 
visions of  the  aforesaid  act.  It  was  determined  that  the 
bridge  should  be  thirty -three  feet  in  width,  and  twenty- 
five  hundred  and  sixty-four  feet  in  length,  and  that  the 
section  to  be  built  and  maintained  by  the  city  of  Portland, 
should  comprise  fourteen  hundred  and  eight  feet ;  and  that 
to  be  built  and  maintained  by  the  town  of  Cape  Elizabeth, 
eleven  hundred  and  fifty-six  feet.     It  was  also  determined 


BRIDGES.  71 

that  the  city  of  Portland  should  build  and  maintain  with- 
in her  section  a  suitable  and  convenient  draw,  of  not  less 
than  forty-two  feet  in  width,  for  the  passage  of  vessels, 
boats,  &e. 

It  was  also  further  determined  that  the  city  of  Portland 
and  town  of  Cape  Elizabeth  should  be  allowed  the  term 
of  one  year  from  the  sixth  day  of  June,  1854,  to  build 
said  bridge.^ 

DEERING*S    BRIDGE. "* 

7.  Deering's  bridge,  so  called,  was  laid  out  by  the  town  Deering's 

of  Portland ,  as  by  the  following  extract  from  town  records  :    ^"'^^^  l^^^    , 

^  J  i^  out  by  town  of 

*-In  town  meeting.  May  6,  1805  :  Portland. 

''Voted  to  raise  one  thousand  dollars  to  build  a  bridge  Town  Records, 

.       ^,  ,        ,.  -,  vol.  1,  p.  400, 

from  high- water  mark,  in  Green  street,  to  the  line  that 
separates  this  town  from  Falmouth  towards  Reed's  point. ' ' 

BACK   COVE    BRIDGE,    NOW  CALLED   TUKEY's    BRIDGE. 

8.  By  an  act  passed  by  the  Massachusetts  Legislature,  Back  Cove 
February  27,  1794,  Thomas  Smith  and  others  were  made    bridge. 

,  ,        ,  /.     ,  ^  .  o  -r^      1     Incorporation 

a  corpoi-ation  under  the  name  of  the  "  Proprietors  or  Back    ^f,  Mass. 
Cove  bridge, ' '  for  the  purpose  of  building  a  bridge  from    special  laws 

Fel    ' 

§1. 


Sandy  point,  in  Portland,  to  Secomb's  point,  in  Falmouth.      ^  •  '> 


Restrictions. 


Draw  and 


Similar  provisions  for  organization  and  rates  of  toll  were 
I'uacted  as  in  the  incorporation  of  Vaughan's  bridge  ;  and  Location, 
it  was  also  provided  that  the  bridge  should  be  so  con- 
structed as  not  to  prevent  the  water  flowing  the  flats  west- 
ward of  said  bridge. 

9.  By  an  act  of  the  legislature  of  Maine,  passed  Feb-  Additional  act. 
ruary  26,  1825,  it  was  provided  that  the  proprietors  should    ^^25, 363. 
build  and  ever  after  keep  in  repair,   a  convenient  and 
sufficient  draw  or  passage  way,  and  also  build  and  keep    piers. 
in  repair,  a  suitable  pier  upon  each  side  of  the  bridge,  and 
that  vessels  should  pass  and  repass  free  from  toll  or  ex- 

^  See  county  commissioners*  records,  vol.  10,  pp.  235,  236. 

*  In  1864,  Green  street,  including  Deering  Bridge,  was  widened  on  the  west- 
erly side  line  2  feet  and  3  inches,  and  in  1875  the  easterly  side  line,  between 
Kennebec  street  and  Back  Cove  creek,  was  located  21.75  feet  easterly  of  that 
line  as  formerly  established  and  parallel  therewith,  making  Green  street 
four  rods  wide  between  the  above  named  points. 

See  city  records  and  City  Engineer's  plans. 


72 


BKIDGES. 


Extension  of 
time  as  toll 
bridge. 

Reduction  of 

tolls. 
1835,583. 
Further 

extension  of 

time  as  a  toll 

bridge. 


City  of 
Portland 
authorized  to 
receive  and 
maintain  Back 
Cove  bridge. 

1837,  257,  §  1. 


To  be 

maintained  as 
a  free  bridge. 

Ibid.  §  2. 


City  to  have 
authoritj'^  to 
construct  said 
bridge  for  the 
pui-poses  of  a 
dam. 

Ibid.  §  3. 


May  occupy 
flats. 


Draw. 
Ibid.  §  4. 

Vessels  to  pass 
free  of 
expense. 


pense  ;  and  also  extending  the*  time  for  the  taking  of  tolls 
for  the  benefit  of  the  proprietors  for  an  additional  term  of 
ten  ye^rs. 

10.  By  an  additional  act,  approved  March  19,  1835,  a 
reduction  was  made  in  the  tolls ;  and  the  time  for  taking 
of  tolls  for  benefit  of  proprietors,  further  extended  for  an 
additional  term  of  two  years. 

11.  By  an  act  entitled  "An  act  to  relieve  the  public 
from  the  burden  of  tolls  at  Back  Cove  bridge,"  approved 
February  16,  1837,  it  was  provided: 

That  the  city  of  Portland  be  authorized  and  empowered 
to  receive  the  bridge  leading  from  Westbrook  to  Portland, 
called  Back  Cove  bridge,  from  the  proprietors  thereof, 
and  to  support  and  maintain  the  same  forever  hereafter, 
and  to  relieve  said  proprietors  from  all  responsibility  on 
account  of  the  same  ;  Provided^  that  said  bridge  shall  be 
and  remain  free  from  tolls  from  and  after  the  nineteenth 
day  of  March  next. 

12.  Said  city  of  Portland  shall  forever  hereafter  be 
bound  to  support  and  maintain  said  bridge  as  a  free  bridge, 
and  shall  have  power  and  authority  to  do  all  things  neces- 
sary and  proper  in  maintaining  the  same. 

13.  For  the  purpose  of  remunerating  said  city  for  the 
expenses  of  supporting  and  maintaining  said  bridge,  said 
city  shall  have  power  and  authority  so  to  construct  said 
bridge  as  to  answer  the  purposes  of  a  dam  and  basin,  and 
shall  have  power  and  authority  to  erect  and  maintain,  or 
cause  to  be  erected  and  maintained,  such  mills,  factories, 
and  machinery  as  shall  be  thought  proper  and  expedient. 
And  said  city  shall  have  a  right  to  use  and  occupy  so 
much  land  and  flats  as  may  be  necessary  for  the  above 
purposes,  and  if  any  person  shall  be  injured  thereby,  he 
shall  have  the  same  remedy  as  is  provided  in  the  sixth  sec- 
tion of  the  act  to  incorporate  the  city  of  Portland,  passed 
February  twenty-eighth,  one  thousand  eight  hundred  and 
thirty-two. 

14.  Said  city  shall  build  and  ever  after  keep  in  repair 
a  convenient  and  sufficient  draw  or  passage  way  over  the 
channel  of  said  river,  for  the  passing  and  repassing  of 
vessels  through  said  bridge,  and  said  draw  shall  be  raised 
at  all  times  without  delay  for  vessels  having  occasion  to 
pass  or  repass,  free  of  expense. 


Looatibn. 


BRIDGES.  73 

15.  Said  city  hereby  is  authorized  and  empowered  to  ^^^^^^^^^^^ 
assess  and  collect  money  from  time  to  time  for  the  pur-    support  of 
poses  aforesaid,  and  to  do  all  things  necessary  and  proper   bridge. 

^  Ibid.  §  5. 

respecting  the  same. 

PORTLAND   BRIDGE. 5 

16.  The  proprietors  of  Portland  bridge  were  incorpo- 
rated February  10,  1823.     The  corporators  were  author-  ^"j^pr^prietors.. 
ized   and   empowered  to   construct   a   bridge   from   the  j^^^-^^^  ^^^ 
northerly  point  of  the  farm  of  Elias  Thomas,  Esq.,  in    §i.. 

Cape  Elizabeth,  to  the  nearest  convenient  point  south- 
westerly of  Robinson's  wharf  in  Portland,  and  to  purchase 
and  hold  such  real  and  personal  estate  as  may  be  necessa- 
ry to  carry  the  aforesaid  object  into  complete  effect. 

17.  It  was  further  enacted  that  said  proprietors  should  p^.^^ 
build  and  keep  a  convenient  and  sufficient  draw  or  passage  ibid.  §  4.. 
way,  at  least  thirty-two  feet  wide,  at  some  place  in  said 
bridge,  proper  for  the  passing  of  vessels  by  day  and  by 

night  through  the  same,  and  a  suitable  wharf  or  pier  on 

each  side  of  said  bridge,  and  adjoining  said  draw,  suffi-  p^®"- 

cient  for  vessels  to  lie  at.     And  said  draw  shall  be  lifted 

for  all  vessels  without  toll  or  pay,  except  for  boats  or  ves-  'Vessels  to  pass. 

^   -^^  ^  free  of 

sels  passing  for  pleasure  ;  and  all  vessels  intended  to  pass    expense., 
through  said  draw  shall  be  free  of  charge  at  said  wharf 
or  pier  until  a  suitable  time  shall  offer  for  passing  the 
same. 

18.  In  accordance  with  the  provisions  of  an  act,  ap-  Surrender  of 
proved  August  28,  1850,  entitled  "an  act  relating  to  the    coui^of 
surrender  of  toll  bridges  and  turnpikes  to  public  uses,"    Cumberiandi 
authorizing  the  county  commissioners  to  accept  the  sur-    J*^  proprie- 
render  of  bridges  from  the  owners  thereof,  the  proprietors  Acti850,  i97.. 
of  Portland  bridge  surrendered  the  same  to  the  county  of 
Cumberland,  and  at  a  meeting  of  the  county  commission-  Acceptance 
ers.    held   at   Portland,  June    14,    1851,   the  same  was    ggtabiishmenf 
accepted  and  established  as  a  free  bridge  from  and  after    as  a  free 
thatdate.6  -  ^^^«^' 

19.  By  an  act,  approved  March  19,  1853,  entitled  "an 
act  giving  to  the  county  commissioners  of  Cumberland 

5  Extensive  changes  of  detail  and  repair  have  been  made  in  this  bridge. 
«  See  county  conunissioners'  record,  vol.  9,  page  364. 


74  BRIDGES. 

Powers  given  county  further  powers  in  relation  to  Portland  bridge, ' '  the 
commissioners  county  Commissioners  of  Cumberland  county  were  author- 
to  estabiisii  a  ized,  if  they  should  adjudge  the  object  contemplated  by 
to  Canal  ^his  act  to  be  for  the  public  convenience  and  interest  to 

street.  alter  Portland  bridge  in  said  county,  by  locating  and  estab- 

§  J  '  '  lishing  in  addition  to  the  present  bridge,  a  side  passage  or 
branch,  suitable  for  a  public  highway,  leading  from  the 
western  side  of  said  bridge,  and  above  low  water  mark, 
to  Canal  street,  in  Portland,  to  be  constructed  and  main- 
tained as  a  part  of  Portland  bridge,  as  the  same  is  now 
held  and  maintained,  and  in  the  manner  and  under  the 
limitations  provided  in  an  act  passed  August  twenty-eighth, 
eighteen  hundred  and  fifty,  entitled  "an  act  relating  to 
the  surrender  of  toll  bridges  and  turnpikes  to  public  uses. ' ' 


Buildings.' 


Statutes. 

1.  City  may  make  by-laws  respecting  wooden  buildings. 

2.  Livery  stables,  &c.,  when  prohibited. 

3.  Penalties. 

4.  Malicious  mischief  to  buildings. 

Ordinances. 

1.  Builders  must  give  notice. 

2.  Wooden  buildings,  when  prohibited. 

3.  Same,  when  removable  as  nuisances. 

4.  Buildings  may  be  numbered.     Penalty. 

5.  Cellar  doors,  &c. ,  to  be  kept  in  repair. 

6.  Same,  when  to  be  lighted. 

7.  Penalty  for  defacing  buildings,  &c. 

8.  Posters  not  to  be  placed  on  buildings.     Penalty. 

Statutes. 

1.  Cities  may  make  such  by-laws  or  ordinances  as  they  B^.iaws 
think  proper,  not  inconsistent  with  the  laws  of  the  State,    respecting 
and  enforce  them  by  suitable  penalties,  respecting  the    «^c^<*^°* 
erection  of  wooden  buildings,  or  buildings  the  exterior  of    buildings, 
which  shall  be  in  part  of  wood  therein,  and  defining  their  R-  s.,  i87i,  c.  3, 
proportions  and  dimensions ;   and  any  building  erected 

contrary  to  a  by-law  or  ordinance  adopted  under  this 
specification  shall  be  deemed  a  nuisance  and  dealt  with 
accordingly. 

2.  No  person  shall  occupy  any  tenement  in  any  mari-  ^2(3^^1^^'^' 
time  town  for  the  business   of  a  sail  maker,  rigger,  or  ^®°u^%^J 
keeper  of  a  livery  stable,  except  where  the   municipal    ^^f™aker*^^ 
officers  direct ;  and  any  person  who  offends  against "  this    jjg^er  or 
section,  shall  forfeit  ten  dollars  a  month  duriner  the  con-    stable,  except 

'='  as  municipal 

tinuance  of  such  occupancy,  with  costs.  officers 

CllJrGCv* 

1  For  care  of  Public  Buildings,  see  charter  §  7. 

See  also  Title  "Assemblies." 

See  "  City  Market  Hall." 

As  to  wood  buildings  see  private  laws  1863,  c.  167,  §  §  3,  4  and  5. 


76  BUILDINGS. 

Penalties.  3.  The  said  penalties^  may  be  recovered  by  complaint, 

Ibid.  §  28.  indictment,  or  action  of  debt,  one-half  to  the  use  of  the 

town  where  the  offense  is  committed,  and  the  other  to  the 

person  prosecuting. 
Willful  4.  Whoever^  willfully  and  maliciously  destroys,  injures, 

injuries  to        ^j.  (jef^ces  any  buildinff  or  fixture  attached  thereto,  with- 

buildings,  -^  ^  _  ,       .  . 

fixtures,  out  conscut  of  the  owner,  shall  be  punished  by  imprison- 

goods  or  ment  less  than  one  year,  or  by  fine  not  exceedinsj  five 

valuable  ^  ^  >- 

papers  of         hundred  dollars,  and  also  be  liable  to  the  party  injured, 
another.  in  an  action  of  trespass,  for  the  amount  of  injury  so  done, 

127  §15  '         ^^^  ^^^   ^  further   sum   not   exceeding  three  times  the 
amount,  as  the  jury  shall  deem  reasonable. 

Ordinances. 
1.  All  persons  intendino^  to  erect  any  buildino^,  or 

Notice  shall  be  ,       ^,  .  .         f  i  1,  .. 

given  of         to  make   alterations   in  the    external   walls  oi  any 

intention  to 
build,  &c. 


building,  or  buildings,  of  any  description,  any  part 
Rev.  ord.  of  which  is  to  be  placed  upon  or  wdthin  ten  feet  of 
any  of  the  public  streets,  squares,  alleys,  or  lanes  of 
the  city,  shall,  before  they  proceed  to  build  or  erect 
the  same,  or  lay  the  foundation  thereof,  or  to  make 
the  said  alteration,  give  notice  in  writing  of  such  their 
intention,  to  the  city  engineer,  specifying  the  dimen- 
sions of  the  proposed  structure,  the  materials  to  be 
used,  the  number  of  the  street,  or  precise  location, 
fifteen  days  at  least  before  doing  any  act  for  carrying 
such  intention  into  execution,  in  order  that  the  encroach- 
ment, or  any  other  injury  or  inconvenience  to  the  said 
public  streets,  squares,  lanes,  or  alleys,  which  might 
otherwise  happen,  may  be  thereby  prevented  ;  and  that 
the  proper  grade  and  line  of  the  street  may  be  ascer- 
tained. And  all  persons  intending  to  erect,  or  make 
any  alterations  in  any  buildings  as  aforesaid,  shall 
not  pay  any  fees  of  the  city  engineer,  for  giving  the 
grade  and  line  of  the  street,  adjoining  which  the 
proposed  building  is  to  be  placed. 

2  For  further  legislation  to  prevent  fires  in  buildings,  see  R.  S.,  1871,  c.  26, 
§  §  17  and  18. 

3  State  V.  Whittier,  21  Maine,  341;  Thayer  v.  Boyle,  30  Maine,  475;  State  v. 
Billington,^  Maine,  146;  State  v.  Pike,  33  Maine,  361. 


BUILDINGS.  77 

2.  No  building,  or  buildings,  the  exterior  walls  of  ^^g^""' 
which  shall  be  in  part  or  wholly  of  wood,  exceeding   buildings 
ten  feet  in  height,  shall  hereafter  be  erected  in  this  city  ^J^  ^ 
without  permission  in  each  case  from  the  mayor  and 
aldennen. 

3.  It  shall  be  the  duty  of  the  city  marshal  to  cause  when 

to  be  removed  at  once,  as  nuisances,  all  buildings  1^1"^!*"^^ 
erected  in  violation  of  this  ordinance. 

4.  The  mayor  and  aldermen  shall  have  power  to  lumbers  of 
cause  numbers  of  regular  series  to  be  affixed   to  or  jbiti. 
inscribed  on  all  dwellino^  houses  and  other  buildinors 
erected   or   fronting   on  any  street,  lane,  alley,  or 
public  court  within  the  city  of  Portland  at  their  dis- 
cretion ;  and  shall  also  have  power  to  determine  the 

form,  size  and  material  of  such  numbers,  and  the 
mode,  place,  succession,  and  order  of  inscribing  or 
affixing  them  on  said  respective  houses  or  other 
buildings.  And  any  owner  or  occupant  of  any  build- 
ing or  part  of  a  building  who  shall  neglect  or  refuse 
to  affix  to  the  same  the  number  designated  by  the 
mayor  and  aldermen,  or  by  some  person  by  them  duly  penalty  for 
authorized,  or  who  shall  affix  to  the  same,  or  retain    ^^^in^ering 

contrary  to 

thereon  more  than  one  day,  any  number  contrary  to    directions, 
the  direction  of  the  mayor  and  aldermen,  or  person 
so  authorized,  shall  forfeit  and  pay  a  sum  not  less  than 
one  dollar,  nor  more  than  twenty  dollars,  and  a  like 
sum  for  every  subsequent  offense. 

5.  Whenever  any   cellar   door,    or  the    platform  ceuar  doors 
thereof,  shall  project  into  any  of  the  streets,  lanes,    p^tformsto' 
alleys,  public  squares,  or  places,  within  the  city,  it    be  kept  in 
shall  be  the  duty  of  the  o^\Tiers  and  occupants  of  the  ibid, 
buildings  or  estate  to  which  the  same  belong,  to  keep 

the  same  in  good  repair,  and  if  at  any  time  the  said 
cellar  door  or  platforms  are  out  of  repair,  so  that  in 
the  opinion  of  the  mayor  and  aldermen,  the  safety  of 
the  inhabitants  is  thereby  endangered,  the  mayor  and 
aldermen  are  hereby  authorized   to   notify  the  said 


78  BUILDINGS. 

owaiers  and  occupants  of  the  fact ;  and  if  said  owners 
or  occupants  neglect  or  refuse  for  the  space  of  twenty- 
four  hours  to  repair  the  same,  the  said  mayor  and 
aldermen  shall  forthwith  cause  the  same  to  be  repaired 
at  the  expense  of  said  owners  or  occupants ;  and  said 
owners  or  occupants  shall,  in  case  of  such  neglect  or 
refusal  as  aforesaid,  be  further  liable  to  a  penalty  of 
not  less  than  one,  nor  more  than  twenty  dollars,  for 
each  and  every  day  that  said  cellar  door,  or  the  plat- 
form thereof,  shall  continue  to  be  out  of  repair. 
6.  Whenever  any  of  the  cellar  doors  before  men- 
ceiiardooi-s  to  tioned  are  opened,  or  the  platform  thereof  removed  at 
be  lighted       ^      ^-j^g  durino:  the  niffht,  it  shall  be  the  duty  of  the 

wheu  open  at  "^  o  ©      '  ./ 

night.  occupant  of  the  cellar  to  which  the  same  belongs,  to 

cause  a  sufficient  light  to  be  so  placed  that  the  open- 
ing of  the  said  door  or  removal  of  said  platform,  shall  at 
all  times  during  the  night  be  distinctly  visible.  And 
any  person  offending  agiinst  the  provisions  of  this 
section,  shall  forfeit  and  pay  a  sum  not  less  than  one 
nor  more  than  twenty  dollars. 
Defacing  7.  Any  persou  or  persons  who  shall  he  guilty  of 

ibidl^"^^*'  ^'  clefacing  any  building  or  buildings,  fence,  sign,  or 
other  property,  in  the  city,  by  cutting,  breaking, 
daubing  with  paint,  or  in  any  other  way  defacing  or 
injuring  the  same,  or  who  shall  throw  nny  stones, 
chips,  or  any  other  thing  against  any  building  or 
buildings,  with  intent  to  injure  the  same,  or  to  annoy 
or  disturb  any  person  who  may  be  therein,  shall  for- 
feit and  pay  a  sum  not  less  than  five  dollars  nor  more 
than  twenty  dollars. 

8.  No  person  shall  post  or  stick  up  any  poster  or 

Posters  or  .         ,  .„^  ^      ^    .  .  n  i  .     ^ 

other  bills       Other  bill,  or  any  advertisement  or  notice  ot  any  kind, 
not  to  be         ^jj  jjjjy  pui^iic  buildino^,  or  any  buildino^   or   fence, 

placed  on  -^     \  '=''  "^  ^  ' 

buildings.       without  the  conscut  or  the  owners  or  occupants  there- 
ibid.  q£^  under  a  penalty  of  not  less  than  one  nor  more 

than  ten  dollars. 


Carriages. 


Statutes. 

1.  Teams,  to  turn  to  the  right;  unable  to  stop. 

2.  When  stationary,  or  traveling  slowly,  allow  others  to  pass. 

3.  Not  to  stand  on  way  to  obstruct  it,  nor  be  without  a  driver. 

4.  Bells  on  horses  drawing  runners. 

5.  Cities  authorized  to  establish  by-laws. 

Ordinances. 

1.  Hackney  carriage  defined. 

2.  Licence  required. 

3.  Same. 

4.  Maj^or  and  aldermen  may  license  and  revoke. 

5.  Fee  for  license,  city  marshal  to  make  quarterly  report. 

6.  When  licenses  expire.  Shall  not  be  transferred  without,  &c. 

7.  Who  shall  be  liable. 

8.  Neglect  to  take  out  license  after  it  is  granted. 

9.  Manner  of  marking  and  numbering. 

10.  No  other  number  shall  be  used. 

11.  Shall  not  stand  in  any  other  place. 

12.  Shall  not  stand  so  as  to  obstruct. 

13.  Driver,  &c.,  shall  wear  a  badge. 

14.  Runners  shall  not  be  employed. 

15.  Mayor  may  give  directions. 

16.  Rates  of  fare. 

17.  Shall  be  inspected  by  city  marshal. 

18.  Carriage  not  to  be  driven  by  a  minor,  unless,  &c. 

OMNIBUSES. 

19.  Time  for  starting. 

20.  Stopping. 

21.  Shall  not  leave  the  route. 

TRUCKS,    WAGONS,    &C. 

22.  License  for  trunks,  wagons,  &c. 

23.  Mayor  and  aldermen  may  license  and  revoke. 

24.  Fee  for  license.     City  Marshal  to  make  quarterly  report. 

25.  When  licenses    shall  expire.      Shall  not  be  transferred 

without,  &c. 

26.  Who  shall  be  liable. 

27.  Using  for  unlawful  purposes.     Penalty. 

28.  Pace  at  which  horses,  &c. ,  shall  go. 

29.  To  obey  rules  and  regulations. 


80 


CAREIAGES. 


Teams  about 
to  meet,  to 
turn  to  the 
right;  when 
unable  to 
stop. 

25  Maine,  39. 

R.  S.,1871,c.l9, 
§2. 


When 

stationary  or 

traveling 

slowly,  to 

allow  others 

to  pass. 
Ibid.  §  3. 
Teams  not  to 

stand  on  ways 

to  obsti'uct 

passage,  &c. 
Ibid.  §  4. 
Bells  on  horses 

drawing 

runners. 
Ibid.  §  5. 

Cities 

authorized  to 
establish 
ordinances 
for  regulation 
of  carriages. 

R.  S.,  1871,  c.  3, 
§40. 


CARRIAGES  IN   GENERAL. 

30.  Bells  required  in  certain  cases. 

31.  Carriages  shall  not  stop  so  as  to  obstruct  foot  passengers. 

32.  How  trucks,  &c.,  shall  be  placed.  Loading  and  unloading. 

33.  Mayor  and  aldermen  to  appoint  stands,  &c. 

34.  Carts,  &c.,  to  be  placed  near  the  side- walk. 

35.  Horses,  &c.,  not  to  be  fed  on  side-walks. 

36.  Riding  upon  outside  of  carriages,  &c.,  forbidden. 

37.  Transportation  of  dead  bodies  forbidden. 

Statutes. 

1 .  When  persons  traveling  with  a  team^  are  approach- 
ing to  meet  on  a  way,^  they  are  seasonably  to  turn  to  the 
right  of  the  middle  of  the  traveled  part  of  it,  so  far  that 
they  can  pass  each  other  without  interference.  When  it 
is  not  safe,  or  is  difficult  on  account  of  weight  of  load  to 
do  so,  a  person  about  to  be  met  or  overtaken,  if  requested, 
is  to  stop  a  reasonable  time,  at  a  convenient  place,  to 
enable  the  other  to  pass. 

2.  When  a  person  with  a  team  is  stationary,  or  travel- 
ing slowly  on  a  way  at  a  place  unsafe  or  inconvenient  for 
passing  him  with  a  team,  he  is,  if  requested,  to  drive  to 
the  right  or  left,  or  to  stop  a  reasonable  time  at  a  con- 
venient place,  to  allow  the  other  to  pass. 

3.  No  person  is  to  leave  his  team  stationary  on  a  way 
so  as  to  obstruct  a  free  passage  of  other  teams  ;  or  is  to 
allow  his  team  to  be  on  a  way  without  a  driver. 

4.  Three  or  more  bells  are  to  be  fastened  to  one  of  the 
foremost  horses  drawing  teams  on  snow  without  wheels. 

5.  Towns,  cities  and  village  corporations  may  make 
such  by-laws  or  ordinances  as  they  think  proper,  not  in- 
consistent with  the  laws  of  the  State,  and  enforce  them  by 
suitable  penalties,  for  the  due  regulation  of  omnibuses, 
stages,  hackney  coaches, ^  wagons,  carts,  drays,  hand  carts, 
and  all  other  vehicles,  used  wholly  or  partly  therein  for 
business,  pleasure,  or  the  conveyance  of  passengers  by 


1  The  word  "  way"  includes  all  kinds  of  public  ways  and  the  word  "  team" 
all  kinds  of  conveyances  on  such  ways  for  such  persons  or  property.  R.  S., 
1871,  c.  19.  §1. 

2  Travelers  under  some  circumstances,  when  they  cannot  pass,  are  required 
by  law  to  stop  a  reasonable  time  at  a  convenient  part  of  the  road,  even  if 
not  requested  to  do  so.    Kennard  v.  Barton,  25  Maine,  39. 

See  also  10  Cush.  495;  8  Met.  213;  11  Met.  403;  23  Pick.  201. 

3  For  injury  to  baggage  by  hackmen,  see  R.  S.,  1871,  c.  127,  §  18. 


defined. 
Rev.  Ord.  1868. 


CARRIAGES.  81 

horse  power  or  otherwise,  and  by  establishing  the  rates,  of 
fare,  their  routes  and  places  of  standing,  and  in  any  other 
respects ;  but  by-laws  and  ordinances  for  this  purpose 
shall  be  published  one  week  at  least  before  they  take 
effect,  in  some  newspaper  printed  therein,  and  penalties 
for  their  breach  shall  not  exceed  twenty  dollars  for  one 
offence,  to  be  recovered  by  complaint  to  the  use  of  such 
city,  town  or  corporation. 

Ordinances. 

1.  Every  hack,  stage-coach,  omnibus,  chariot,  jjackney 
coachee,  barouche,  landeau,  or  other  vehicle,  whether  carriage 
on  wheels  or  runners,  drawn  by  one  or  more  horses, 
or  other  animal  power,  which  shall  be  used  in  the  city 
of  Portland  for  the  conveyance  of  persons  for  hire, 
from  place  to  place  within  said  city,  shall  be  deemed 
a  hackney-carriage  within  the  meaning  of  this  ordi- 
nance. 

2.  Xo  person  shall  set  up,  use,  or  drive,  in  the  city 
of  Portland,  any  hackney-carriage  for  the  conveyance  required. 
of  persons  from  place  to  place  within  said  city,  with-  ^^^• 
out  a  license  for  such  carriage  from  the  mayor  and 
aldermen,  under  a  penalty  of  not  less  than  five  nor 
more  than  twenty  dollars  every  time  such  carriage  is 
used. 

3.  No  person  shall  be  permitted  to  drive  any  hack- 
ney-carriage in  the  city  of  Portland,  unless  he  shall  same. 
have  first  procured  a  license  therefor  fi'om  the  mayor  ibia. 
and  aldermen.  But  the  mayor  shall  have  power  to 
grant  temporary  permits  to  persons  to  drive  hackney- 
carriages  ;  which  permits  shall  be  valid  only  for  two 
days  after  the  meeting  of  the  board  of  mayor  and 
aldermen,  next  after  the  date  of  said  permit.  And 
if  any  person  shall  drive  any  hackney-carriage  with- 
out being  licensed  or  permitted  as  aforesaid,  he  shall 
forfeit  and  pay  not  less  than  five  nor  more  than  twenty 
dollars  for  every  such  offense,  and  the  owner  of  the 
carriage  so  driven  shall  forfeit  and  pay  the  same  pen- 
alty. 


82 


CARRIAGES. 


Mayor  and 
aldermen  may 
license  and 
revoke. 

Ibid. 


Fee  for 

license. 
City  marshal 

to  make 

quarterly 

report. 
Ibid. 


When  licenses 
expire  shall 
not  be 
transferred 
without,  &c. 

Ibid. 


Who  shall  be 
liable. 

Ibid. 


Neglect  to  take 
out  license 
after  it  is 
granted. 

Ibid. 


4.  The  mayor  and  aldermen  will,  from  time  to 
time,  grant  licenses  to  such  persons,  described  in  sec- 
tions two  and  three  of  this  ordinance,  and  upon  such 
terms  as  they  may  deem  expedient,  to  set  up,  use,  or 
drive  hackney  carriages,  for  the  conveyance  of  persons 
for  hire,  from  place  to  place  within  the  city,  and  they 
may  revoke  such  licenses  at  their  discretion ;  and  a 
record  of  all  licenses  so  granted  shall  be  kept  by  the 
city  marshal. 

5.  For  every  license  so  granted,  there  shall  be  paid 
to  the  city  marshal,  the  sum  of  one  dollar,  for  the  use 
of  the  aldermen  of  the  city,  and  the  city  marshal  shall 
make  a  quarterly  report  to  the  mayor  and  aldermen, 
of  all  Slims  so  received,  and  shall  pay  over  the  same 
to  the  aldermen. 

6.  All  licenses  granted  as  aforesaid,  shall  expire 
on  the  first  day  of  July  next  after  the  date  thereof ; 
and  no  license  shall  be  sold,  assigned  or  transferred, 
without  the  consent  of  the  mayor  and  aldermen 
indorsed  thereon  by  the  city  clerk. 

7.  The  person  in  whose  name  the  license  for  a 
hackney-carriage  is  taken  out,  as  well  as  the  ow^ner, 
shall  be  liable  for  all  forfeitures  and  penalties  herein 
contained,  unless  upon  the  sale  of  said  carriage,  notice 
be  given  to  the  city  marshal  and  the  license  delivered 
to  him. 

8.  Any  person  who  may  be  licensed  as  aforesaid, 
either  as  owner  or  driver  of  any  hackney  carriage, 
who  shall  continue  to  use  any  such  carriage,  and  shall 
neglect  or  refuse  to  take  out  and  pay  for  his  license 
within  ten  days  after  the  same  has  been  granted,  shall 
be  liable  to  a  fine  of  not  less  than  one  dollar,  nor 
more  than  twenty  dollars,  for  each  and  every  day 
thereafter,  that  he  or  they  shall  refuse  or  neglect  to 
take  out  such  license. 

9.  Hackney  carriages  shall  be  marked  and  num- 
bered in  the  manner  following,  viz :    Every  hack  or 


CARRIAGES.  83 

landeau  licensed,  shall  be  marked  upon  the  outside  banner  of 

'  '-         ^  ^  marking  and 

and  upon  each  side,  on  the  sill  or  rockers,  immediately  numbering. 
below  the  doors,  with  the  number  of  the  license,  with  ^*^' 
white,  gilded  or  plated  figures,  in  the  Arabic  charac- 
ter, of  not  less  than  one  inch  and  a  half  in  size  on  a 
dark  ground,  or  with  a  dark  figure  of  the  same  size 
on  a  light  ground,  and  no  other  figure  or  device  within 
four  inches  of  the  same.  Stage  coaches  shall  be 
num])ered  in  like  manner,  on  the  top  rail  of  the  doors. 
Omnibuses  shall  be  numbered  in  like  manner,  on  the 
lower  pannel  of  the  door.  The  name  of  the  owner, 
and  the  number  of  the  license,  together  with  the  date 
of  inspection  and  rates  of  fare  shall  be  printed  on  a 
card  of  suitable  size,  and  placed  in  all  the  hackney 
carriages  by  the  city  marshal  at  the  time  of  inspec- 
tion in  the  most  conspicuous  place  for  the  information 
of  passengers.  And  if  any  owner  or  driver  of  any 
hackney  carriage  shall  use  or  drive  any  such  carriage, 
or  permit  the  same  to  be  used  and  driven,  without 
complying  with  the  foregoing  requisitions,  said  owner 
and  driver  shall  each  be  liable  to  a  fine  of  not  less 
than  two  nor  more  than  twenty  dollars  for  each 
ofience. 

10.  Xo  owner  or  driver  of  any  hackney  carriage  No  other 
shall  use,  or  sufi*er  such  carriage  to  be  used,  with  any   ^^g^d^^" 
other  number  upon  the  same  than  that  assigned  by  ii^id- 

the  mayor  and  aldermen,  nor  place  the  number  on 
any  other  part  of  such  carriage  than  that  designated 
in  the  preceding  section,  under  a  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars,  every  time 
such  carriage  is  used. 

11.  No  owner,  driver,  or  other  person  having  charge 

of  any  hackney  carriage,  shall  stand  with  such  car-   in  any  other 
riage  in  any  place  within  the  city,  to  be  employed,  ^^' 
other  than  the  stand  assigned  to  such  carriage  by  the 
mayor  and  aldermen,  under  a  penalty  of  not  less  than 
two  nor  more  than  twenty  dollars  for  each  ofiense. 


84 


CARRIAGES. 


Shall  not  stand 

80  as  to 

obstruct. 
Ibid. 


Driver,  Ac, 
sliall  wear  a 
badge. 

Ibid. 


Runners  shall 

not  be 

employed. 
Ibid. 


Mayor  may 

give 

directions. 
Ibid. 


1 2 .  No  owner,  driver,  or  other  person  having  charge 
of  any  hackney  carriage,  shall  stop  his  carriage  abreast 
of  any  other  carriage  in  any  street,  square,  lane,  alley, 
or  public  place,  so  as  to  obstruct  the  same,  or  the 
sidewalk,  flag  stone,  or  crossing  thereof,  under  a  pen- 
alty of  not  less  than  two  nor  more  than  twenty  dol- 
lars for  each  offense. 

13.  Every  owner,  driver,  or  other  person  having 
charge  of  any  hackney  carriage  which  has  a  stand  in 
any  square  or  street,  at  any  railroad  station,  steam- 
boat landing,  theater,  museum,  or  other  place  of 
public  entertainment,  shall  at  all  times  when  driving 
or  waiting  for  employment,  wear  a  badge  on  his  hat 
or  cap,  with  the  number  of  his  carriage  thereon,  in 
brass  or  plated  figures  of  not  less  than  "one  and  a  half 
inches  in  size,  and  so  placed  that  the  same  may  be 
distinctly  seen  and  read  ;  and  he  shall  not  wear  upon 
his  hat  or  carriage,  the  name  of  any  public  hotel, 
without  permission  of  the  proprietor  of  said  hotel. 
Every  person  offending  against  the  provisions  of  this 
section,  shall  pay  a  penalty  of  not  less  than  two  nor 
more  than  twenty  dollars  for  each  offense. 

14.  No  person  except  the  owners  or  drivers  of 
hackney  carriages,  shall  solicit  or  request,  nor  shall 
the  owners  or  drivers  of  any  hackney  carriage,  hire, 
employ,  or  permit  any  person  to  solicit  or  request  any 
person  or  persons  in  the  public  streets,  at  places  of 
public  amusement,  at  railroad  stations,  steamboat 
landings,  or  any  other  public  place  in  the  city,  to  hire, 
engage  or  employ  any  hackney  carriage,  under  a  pen- 
alty of  ten  dollars,  to  be  recovered  from  such  person, 
owner,  or  driver,  any  or  either  of  them  severally  and 
respectively. 

15.  In  any  street  or  square,  or  at  any  theater, 
museum,  or  other  place  of  public  amusement,  where 
hackney  carriages  attend  for  passengers,  the  mayor, 
or  any  person  or  persons  by  him  authorized,  may  give 


1867. 


CARRIAGES.  85 

directions  respecting  the  standing  of  such  can-iages, 
while  waiting  for  their  passengers,  and  the  route  they 
shall  go  when  going  to,  or  leaving  any  such  place  of 
entertainment ;  and  if  any  owner,  driver,  or  other 
person  having  charge  of  any  such  carriage,  shall 
refuse  to  obey  such  order  or  directions  of  the  mayor, 
or  other  person  or  persons  by  him  authorizBd,  he  or 
they  shall  be  lialjle  to  a  fine  of  not  less  than  five  nor 
more  than  twenty  dollars  for  each  offense. 

16.  The  prices  or  rates  of  fare  to  be  taken  by,  or  Rates  of  fare, 
paid  to  the  o^vner,  driver,  or  other  person  having  oni.,  May22, 
charge  of  any  hackney  carriages,  except  omnibuses, 
shall  be  as  follows  :  that  is  to  say,  for  carrying  a  pas- 
senger from  one  place  to  another  within  the  city,  not 
exceeding  fifty  cents  at  any  hour  of  the  day  or  night ; 
for  children  between  the  ages  of  four  and  twelve 
years,  if  more  than  one,  or  if  accompanied  by  an 
adult,  half  price  only  is  to  be  charged  for.each  child  ; 
and  for  children  under  four  years  of  age,  when  accom- 
panied by  their  parents  or  an  adult,  no  charge  is  to 
be  made.  Every  owner,  driv^er,  or  other  person  hav- 
ing charge  of  any  hackney  can-iage,  shall  carry  in 
addition  to  one  trunk,  two  articles,  such  as  a  valise, 
saddle-bag,  carpet  bag,  portmanteau,  box,  bundle, 
or  other  similar  articles  used  in  traveling,  if  he  be 
requested  so  to  do,  without  charge  or  compensation 
therefor ;  but  for  every  additional  trunk,  or  similar 
article  he  may  carry,  he  shall  be  entitled  to  demand 
and  receive  not  exceeding  twenty-five  cents.  If  any 
driver  or  other  person  shall  demand  or  receive  any 
gi-eater  sum  for  his  servicers  as  specified  in  this  section, 
or  shall  willfully  refuse  to  answer  the  demand  of  any 
person  or  persons  for  conveyance  from  one  place  to 
another  within  the  city,  he  shall  forfeit  and  pay  for  so 
doing  a  penalty  not  exceeding  twenty  dollars  for  each 
offense. 


86  CARRIAGES. 

Inspected  by         ^7^  The  citv  marshal  shall  inspect  all  hackney- 
city  marshal.  .         1    P  T  .  r  1   ^  ^  ^l 
Ibid.               carnages  beiore  a  license  is  granted  tor  use  ot  the 

same,  and  also  upon  the  first  Monday  in  July  and 
January  of  each  year.  And  the  owners  of  licensed 
hackney-carriages  shall  cause  them  to  be  presented  to 
the  city  marshal  for  inspection  upon  the  days  above 
mentioned,  at  such  hour  and  place  as  the  city  marshal 
may  appoint,  and  the  city  marshal  shall  cause  public 
notice  to  be  given  of  the  hour  and  place  at  which  he 
will  inspect  such  carriages,  at  least  one  week  prior  to 
the  first  Monday  in  July  and  January  of  each  year. 
And  if  any  owner  of  any  licensed  hackney-carriage 
shall  neglect  to  present  the  same  for  inspection  as 
above  provided  for,  his  license  for  the  use  of  such 
carriage  shall  be  suspended  until  such  inspection  is 
made.  If  upon  such  inspection  any  carriage  is  found 
in  an  unsuitable  condition,  either  as  regards  strength, 
general  good  order,  or  cleanliness  in  any  of  its  ap- 
pointments for  the  safe  and  .comfortable  conveyance 
of  passengers,  the  city  marshal  shall  notify  the  owner 
thereof  to  place  such  carriage  in  proper  repair,  and 
the  license  of  such  carriage  shall  be  suspended  until 
the  required  repairs  shall  have  been  made  to  the  sat- 
isfaction of  the  city  marshal. 

18.  No  hackney  carriage  used  for  the  conveyance 

brdr^^en^by  a  ^^  passcugcrs,  shall  be  driven  by  a  minor,  unless  he 

minor  unless,  be  Specially  licensed  by  the  mayor  and  aldermen. 

Rev.  Ord.  1868.  uudcr  a  penalty  of  not  less  than  two  nor  more  than 

twenty  dollars  for  each  offense. 

OMNIBUSES. 

Time  for  19.  Eacli  liceusc  of  any  omnibus  belonging  to  any 

ibkr*"^  line  may  specify  the  time  that  said  omnibus   shall 

leave  the  stand,  and  no  omnibus  shall  leave  the  stand 
designated  for  it,  until  five  minutes  shall  have  elapsed 
after  the  departure  of  the  one  immediately  preceding, 
under  a  penalty  of  not  less  than  two  nor  more  than 
twenty  dollars  for  each  offense. 


CARRIAGES.  87 

20.  No  owner  or  driver  of  any  omnibus  belonging  jJJJ^^"^ 
to  any  line,  shall  stop  his  omnibus  on  any  part  of  the 
route  assigned  thereto,  unless  called  by  or  to  leave  a 
passenger,  and  then  for  no  longer  time  than  may  be 
sufficient  for  such  passenger  to  take  his  or  her  seat, 

or  leave  such  carriage,  under  a  penalty  of  not  less 
than  two  nor  more  than  twenty  dollai-s  for  each 
offence. 

21.  Xo  owner  or  driver  of  any  omnibus  shall  drive  shaiinot  leave 
his  omnibus,  or  permit  the  same  to  be  driven,  on  any  i^^^^^ 
other  route  or  street  than  that  designated  and  estab- 
lished by  the  mayor  and  aldermen,  under  a  penalty 

of  not  less  than  ten  nor  more  than  twenty  dollars  for 
each  offence. 

TRUCKS,    WAGONS,    &C. 

22.  Every  truck,  wagon,  dray,  cart,  sleigh,  hand-  License  for 
cart,  hand-sled,  or  other  vehicle,  which  shall  be  used   trucks, 
in  this  city  for  the  conveyance  from  place  to  place  ibid, 
within  the  city,  of  wood,  coal,  lumber,  stones,  brick, 

sand,  clay,  gi*avel,  dirt,  rubbish,  goods,  wares,  furni- 
ture, merchandise,  building  materials,  or  any  other 
article  or  thing  whatsoever,  shall  be  licensed  as  herein- 
after provided,  and  shall  have  the  number  of  the 
license  placed  on  the  outside  of  the  same,  in  plain, 
legible  figures  of  not  less  than  one  and  a  half  inches 
in  size,  so  that  the  same  may  be  distinctly  seen.  And 
if  the  owner  of  any  such  vehicle  shall  use  or  suffer 
the  same  to  be  used,  or  if  any  other  person  shall  use 
any  such  vehicle,  without  being  licensed  as  herein- 
after provided,  or  without  having  the  number  placed 
thereon,  as  aforesaid,  he  or  either  of  them  shall  be 
liable  to  a  fine  of  not  less  than  three  dollars  nor  more 
than  twenty  dollars  for  each  offence.    • 

23.  The  mayor  and  aldermen  will,  from  time  to 
time,  grant  licenses  to  such  persons  as  they  may  deem 

5 


88 


CARRIAGES. 


Mayor  and 
aldeinnen  may 
license  and 
revoke. 

Ibid. 


Fees  for 

license. 

City  marslial 

to  make 

quarterly 

report. 
Ibid. 


When  licenses 
shall  expire. 
Shall  not  be 

.  transferred 
without,  &c. 

Ibid. 


Who  shall  be 
liable. 
Ibid. 


Using  for 
unlawful 
pui-poses. 

Ibid. 


Pace  at  which 
horses,  &c., 
shall  go. 

Ibid. 


suitable,  and  upon  such  terms  as  they  may  deem 
expedient,  to  use  and  to  drive  any  such  vehicle  as 
aforesaid,  within  the  city  of  Portland,  and  they  may 
revoke  such  licenses  at  their  discretion ;  and  a  record 
of  all  licenses  so  granted  shall  be  kept  by  the  city 
marshal. 

24.  For  every  license  so  granted  there  shall  be  paid 
to  the  city  marshal  the  sum  of  twenty-five  cents,  for 
the  use  of  the  aldermen  of  the  city ;  and  the  city 
marshal  shall  make  a  quarterly  report  to  the  mayor 
and  aldennen  of  all  sums  so  received,  and  shall  pay 
over  the  same  to  the  aldermen. 

25.  All  licenses  granted  as  aforesaid  shall  expire  on 
the  first  day  of  July  next  after  the  date  thereof,  and 
no  license  of  any  vehicle  shall  be  sold,  assigned,  or 
transferred  without  the  consent  of  the  mayor  and 
aldermen,  indorsed  thereon  by  the  city  clerk. 

26.  The  person  in  whose  name  a  license  is  taken 
out  for  any  such  vehicle  shall,  for  all  the  purposes  of 
this  ordinance,  be  considered  as  the  owner  of  the 
same,  and  be  liable  to  the  perialties  herein  contained, 
unless  upon  sale  of  any  such  vehicle  notice  thereof 
be  given  to  the  city  marshal,  and  the  license  be  deliv- 
ered up  to  him. 

27.  Any  person  licensed  as  aforesaid,  either  as 
owner  or  driver  of  any  of  the  before  mentioned  vehicles,  * 
who  shall  use  or  suffer  to  be  used  any  such  vehicle  or 
vehicles  for  any  unlawful  purpose,  shall  pay  a  penalty 
of  not  less  than  ten  nor  more  than  twenty  dollars, 
and  his  license  shall  be  revoked  by  the  mayor  and 
aldermen. 

28.  All  drivers  or  other  persons  having  the  care 
and  ordering  of  any  truck,  cart,  wagon,  sled,  or  dray, 
passing  in  or  through  the  streets,  squares,  or  lanes  of 
the  city,  shall  drive  their  horses  or  beasts  at  a  mod- 
erate foot  pace,  and  shall  not  suffer  or  permit  them 
to  go  into  a  gallop  or  trot ;  and  such  drivers  or  other 


CARRIAGES.  89^ 

persons  shall  hold  the  reins  in  their  hands  to  guide  or 
restrain  such  horses  or  beasts,  or  they  shall  walk  by 
the  head  of  the  shaft,  or  wheel  horse,  either  holding 
or  keeping  within  reach  of  the  bridle  or  halter  of  said 
horse  or  other  beast,  and  any  person  violating  either 
of  the  provisions  of  this  section  shall  be  liable  to  a 
tine  of  not  less  than  five  nor  more  than  twenty  dollars 
for  each  ofience. 

29.  Every  person  licensed  by  virtue  of  the  pre-  xoobeyruies- 
ceding  sections  shall  be  bound  to  obey  and  comply    and 

with  all  rules  and  regulations  and  ordinances  that  are  i^^ 
or  may  be  from  time  to  time  prescribed  by  the  city  Penalty, 
council,  or  mayor  and  aldermen.  One-half  of  any 
penalty  that  may  be  recovered  by  virtue  of  the  pro- 
visions of  the  preceding  sections,  shall  accrue  to  the 
complainant,  and  he  shall  be  entitled  to  receive  the 
same  from  the  city  treasury  when  collected. 

CARRIAGES   IN   GENERAL. 

30.  No   can-iage   or   vehicle  of  any   description,  Beusrequimi 
whether  of  burden  or  pleasure,  shall  be  driven  through    ^^ 


any  part  of  the  city  of  Portland,  during  any  time  n>w. 
that  the  snow  or  ice  shall  be  upon,  or  cover  the  streets, 
squares,  lanes,  or  alleys  of  the  said  city,  unless  there 
shall  be  three  or  more  bells  attached  to  the  horse  or 
horses,  or  some  part  of  the  harness  or  shaft  thereof, 
under  a  penalty  of  not  less  than  three  nor  more  than 
twenty  dollars  for  each  offence. 

31.  Xo  owner,  driver,  or  other  person  having  the  carriages 
care  of  any  carriage,  truck,  cart,  wagon,  sleigh,  sled,    s^asto*^'^^^ 
or  other  vehicle,  whether  used  for  burden  or  pleasure,    o^t^uct  foot 

1     11     J  1  ^         ^  '  ^  i        .  passcngers. 

shall  stop  or  place  such  vehicle  at  or  near  the  inter-  iwd. 
section  of  any  street,  lane,  or  alley,  in  such  manner 
as  to  cross  the  footing  or  flag  stones,  or  prevent  foot 
passengers  ft-om  passing  the  street,  lane,  or  alley  in 
the  direction  or  line  of  the  foot  way  or  flag  stone,  on 
the  side  of  such  street,  lane  or  alley,  under  a  penalty 


90 


CARRIAGES. 


How  trucks, 
&c.,  shall  be 
placed. 


Ibid. 

Loading  and 
unloading. 
Ibid. 


Mayor  and 
aldermen  to 
appoint 
stands,  &c. 

Ibid. 


X:!art8,  &c.,  to 
be  placed 
near 
sidewalks. 

Ibid. 


of  not  less  than  three  nor  more  than  twenty  dollars  ; 
and  any  person  who  shall  have  so  placed  any  such 
vehicle  as  aforesaid,  and  shall  not  immediately,  on 
the  request  of  any  foot  passenger,  cause  the  same  to 
be  removed,  or  who  shall  absent  himself  so  that  such 
request  cannot  be  immediately  made  and  complied 
with,  shall  be  liable  to  an  additional  penalty  of  not 
less  than  two  nor  more  than  ten  dollars. 

32.  No  truck,  cart,  or  other  vehicle  shall  ])e  so 
placed  in  any  street  within  the  city  by  the  owner, 
driver,  or  other  person  having  the  care  or  ordering 
thereof,  as  to  prevent  the  passing  of  any  other  truck, 
cart,  or  carriage  of  any  description ;  and  no  such 
vehicle  shall  be  wholly  or  in  part  backed  or  placed 
across  any  street,  square,  lane,  or  alley,  or  upon  any 
sidewalk  or  foot  w^ay  of  the  same,  unless  it  be  for  a 
reasonable  time,  not  exceeding  ten  minutes,  for  the 
loading  or  unloading  of  heavy  articles.  Any  OAvner, 
driver,  or  other  person  having  the  care  of  any  such 
vehicle,  violating  either  of  the  provisions  of  this 
section,  shall  be  liable  to  a  penalty  of  not  less  than 
five  dollars  nor  more  than  twenty  .dollars  for  each 
oftence. 

33.  The  mayor  and  aldermen  are  authorized  and 
empowered  to  appoint  from  time  to  time,  as  occasion 
may  require,  such  and  so  many  stands  for  trucks, 
carts,  wagons,  sleds,  sleighs,  hackney-coaches,  and 
other  vehicles,  as  may  appear  to  them  to  be  requisite  ; 
and  no  owner  or  driver  of  any  such  vehicle  shall 
suffer  the  same  to  stand  in  any  other  place  than  has 
been  or  shall  be  designated,  under  a  penalty  of  not 
less  than  three  nor  more  than  ten  dollars. 

34.  Every  owner,  driver,  or  other  person  having 
the  care  or  ordering  of  any  cart,  truck,  wagon,  sled, 
or  other  vehicle,  shall  place  his  horse  and  cart,  truck, 
wagon,  sled,  or  other  vehicle,  as  near  as  possible  to 
the  post  or  abutting  stone  of  the  foot  or  sidewalk  of 


CARRIAGES.  91 

the  street  in  which  he  shall  stand,  and  no  more  than 
one  range  of  carts,  trucks,  or  other  vehicles  shall 
stand  in  the  street,  nor  shall  any  such  vehicle  so  stand 
as  to  prevent  the  free  passage  of  any  other  vehicle  in 
the  streets,  squares,  lanes,  or  other  public  places ; 
and  any  person  who  shall  violate  the  provisions  of 
this  section  shall  be  liable  to  a  fine  of  not  less  than 
three  nor  more  than  ten  dollars. 

35.  No  owner  or  driver  of  any  hackney-carriage, 

truck,  wagon,  dray,  cart,  sleigh,  sled,  or  any  other   not  to  W  fed 
vehicle  whatsoever,  with  horse  or  any  other  beast  ^^^ sidewalks, 
harnessed  thereto,  shall  bait  or  feed  any  such  beast 
on  any  sidewalk  of  the  city  under  a  penalty  of  not 
less  than  two  nor  more  than  ten  dollars  for  each  offence. 

36.  Xo  person  shall  ride  upon  or  take  hold  of  any  Riding  upon 
part  of  any  chaise,  coach,  omnibus,  or  other  carria^je    ^"*^^*i^<*^ 

*  ^^  ^       carnages,  &c., 

used  for  the  purpose  of  transporting  persons,  while    forbidden. 
the  same   is  passing,  without  the  permission  of  the 
driver  or  person  having  the  charge  thereof,  under  a 
penalty  of  not  less  than  one  nor  more  than  ten  dollars. 

37.  No  driver  of  any  hack,  job  wagon,  or  express 

wagon,  or  any  other  vehicle,  except  a  duly  appointed    forbidden  to 
and  licensed  undertaker,  shall  transport  through  this    ?^"f?^^ 

^  ^  dead  bodies. 

city,  or  from  one  place  to  another  in  this  city,  any  ord.  jan.4, 

dead  body  which  is  to  be  buried  in  any  cemetery    ^^^' 

belonging  to   the   city,    without   permission   of  the 

superintendent  of  burials,  under  a  penalty  of  twenty 

dollars  for  each  offence,  to  be  recovered  for  the  use 

of  the  city   by  complaint  before  the  judge  of  the  , 

municipal  court  of  Portland. 


Cemeteries.' 


Statutes. 

1.  Injury  to  monuments  and  burial  places. 

2.  Municipal  officers  may  enlarge  cemeteries. 

3.  "Medical  act."    Disposition  of  dead  bodies. 

4.  Person  requesting  to  have  his  body  dissected. 

5.  When  excess  of  bodies  in  medical  schools. 

6.  Notifying  municipal  officers. 

7.  Portland  may  pass  ordinances  for  "Evergreen  Cemetery." 

Ordinances. 

1.  Evergreen  Cemetery — lands. 

2.  Trustees. 

3.  Superintendent. 

4.  Occupancy  of  lots. 

5.  Evergreen  fund. 

6.  Cemetery  account. 

7.  Burials  upon  lots. 

8.  Lots  :  General  directions. 

9.  Undertakers. 

10.  Perpetual  care  of  lots. 

11.  Forest  City  Cemetery,  lands  appropriated. 

12.  city  treasurer  to  execute  deed. 

13.  city  treasurer  to  keep  record. 

14.  superintendent  of. 

15.  committee  may  exchange  lots. 

16.  sale  of  lots. 

17.  Committee  on  cemeteries,  &c. 

-18.  their  duty. 

»  19.     Kemoving  gravel  from  cemetery,  or  public  ground,  penalty. 

Statutes. 
injin-yto  1.  Whoever  wilfully    destroys   or   injures   any   tomb, 

monuments      prravestone,  monument,  or  other  thins  placed  or  designed 

and  places  of  ^  '  '  ...  , 

burial.  as  a  memorial  of  the  dead,  or  any  fence,  railing  or  other 

!  R.S.,  1871,  c.  124  ^jjjjjg  placed  about  or  inclosing  the  burial  place   of  the 

dead ;  or  wilfully  injures,  removes,  or  destroys  any  tree, 

shrub,  or  plant,  within  such  inclosure,  shall  be  punished 

1  See  title  "Health." 


CEMETERIES.  93 

by  imprisonment  less  than  one  year,  or  by  fine  not  exceed- 
ing five  hundred  dollars. 

2.  The   municipal   officers   of   any  town^   are   hereby  Municipal 
authorized  to  enlarge  any  public^  cemetery  or  burying  yard    officers 
within   their  town,  on  petition  of  ten  voters,  by  taking    g^f^^"^^^'^  *^ 
land  of  adjacent  owners,  to  be  paid  for  by  the  town,  when    cemeteries  on 
in  their  judgment  public  necessity  requires  it,  providing,    ^^.^^ 
that  the  limits  thereof  shall  not  be  extended  nearer  any  1879,  c.  i4i. 
dwelling  house  than  twenty-five  rods  therefrom,  against 

the  written  protest  of  the  owner,  made  to  the  municipal 
oflScers  of  the  town  at  the  time  of  hearing  on  said  petition. 

3.  \VTioever'*  wilfully  and  knowingly  shall  have  in  his  Medical  act. 
possession,  for  anatomical  purposes,  the  body  or  any  part  i*enaity  for 
thereof,  of  any  person  dying  within  this  state,  unless  the    iK)dy 
same  shall  be  obtained  in  the  manner  provided  by  section    wrongfully  in 

T)0SS6SS10I1 

two  of  chapter  thirteen  of  the  revised  statutes,  or  in  the  iggi^  p.  93. 
manner  provided  by  this  act,  shall  be  punished  by  im- 
prisonment of  not  more  than  five  years,  or  by  fine  not 
exceeding  three  thousand  dollars. 

4.  If  any  person,  a  resident  of  this  State,  requests  or  Person 
consents  during  his  life  that  his  body  may  be  delivered  to    requesting 

a  regular  physician  or  surgeon,  for  the   advancement  of    be^eUvemi^ 
anatomical  science,  after  his  death,  it  may  be  used  for    to  surgeon, 
that  purpose,  unless  some  kindred  or  family  connection  j^^j^^* 
makes  objection. 

5.  The  body  of  any  person  dying  in  this  State,  which  Excess  in 
shall  not  be  claimed,  reasonable  notice  being  given  for  j^^l'^^^^* 
burial  by  the  family  or  next  of  kin  of  such  person,  shall 

be  subject  to  the  use  of  the  medical  school  of  Maine,  for 
anatomical  purposes,  as  hereinafter  provided,  and  if,  at 
any  time  said  school  shall  receive  a  greater  number  of 
bodies  than  it  needs  for  the  instruction  of  its  students,  it 
shall  be  authorized  to  deliver  the  excess  to  any  regular 
physician  or  surgeon,  for  the  same  purpose,  in  this  State. 

6.  Persons  having  the  care  of  such  bodies  shall  forth- 
with notify  the  municipal  officers  of  the  town  in  which 

5  Act  1874,  c  241,  §  8  revised.  Act  1877,  c  195  repealed.  See  "City  Clerk," 
§23. 

»  Public  cemeteries  are  exempted  from  taxation  and  attachment.  R.  S., 
1871,  c.  55,  §  11.  See  Woodlavm  Cemetery  r.  Everett,  118  Mass.  354. 

The  method  of  making  a  public  cemetery  from  private  cemetery,  is 
provided  by  act  1881,  c.  3. 

*  R.  S,,  1871 ,  c  13,  §  2-  Person  convicted  of  crime  making  the  above  request. 


94  CEMETERIES. 

Persons  having  such  bodies  are,  and  upon  the  reception  of  such  notice, 
to^notify'  ^^^  *^^  municipal  officers  of  such  town  shall  immediately 
municipal        notify,  by  mail  or  otherwise,  the  officers  of  the  medical 

ibS*^^^"  school  of  Maine,  and  such  notice  shall  state  the  age  and 

sex  of  the  deceased,  and  the  cause  of  death,  if  known, 
and,  on  request  of  the  officers  of  said  school,  if  made 
within  two  days  after  receiving  such  notice,  said  munici- 
pal officers  shall  deliver  such  bodies  to  such  officers,  or  to 
any  regular  physician  or  surgeon  by  them  designated  to 
receive  the  same  ;  but  before  receiving  any  such  body, 
said  medical  school,  physician  or  surgeon,  shall  give  bond 
•  to  the  treasurer  of  such  town,  as  provided  in  section  two 
of  chapter  thirteen  of  the  revised  statutes.^  Any  per- 
son who  shall  knowingly  violate  the  provisions  of  this 
section,  shall  forfeit  the  sum  of  thirty  dollars,  to  be  recov- 
ered by  an  action  of  debt,  one-half  to  the  use  of  the 
prosecutor,  and  one-half  to  the  use  of  said  medical  school 
of  Maine.  ^ 

City  authorized  7.  The  city  of  Portland  may  ordain  reasonable  by-laws 
to  pass  rj^jj^]^  resfulations  for  the  government  of  Evergreen  Cem- 

by-laws,  for  *  ^  ^ 

government     ^tery,  and  shall  have  full  power  and  authority  to  impose 

of  Evergreen  ^nd  enforce  penalties  for  the  breach  thereof,  and  for  the 
Cemetery. 

i8Si,jan.3i.  punishment  of  off  en  ces  committed  in  said  Cemetery.  All 
by-laws  and  regulations  heretofore  ordained  by  said  city  of 
Portland  for  the  government  of  Evergreen  Cemetery  are, 
and  shall  be  valid  and  in  force  ;  and  all  penalties  imposed 
under  the  same,  and  for  the  breach  of  the  same,  and  for 
punishment  of  offences  committed  in  said  cemetery,  shall 
be  enforced  J 

Ordinances. 
Ordinance.  i^  The  tracts  of  land  situated  in  the  town  of  Deer- 

Jan.  3, 1881. 

Landappropri-  ^^^&>  purchased   by   the   city  of  Portland  of  Oliver 

ated.  Buckley,  and  Wm.   Stevens  by  their   several  deeds 

dated  February  28,  1852,  containing  about  fifty-five 

acres,  were  set  apart  and   appropriated   under  the 

5  Bond  that  body  shall  be  used  for  anatomical  purposes,  and  shall  be 
buried. 

«  Duty  of  Medical  school  to  have  body  embalmed,  and  kept  thirty  days, 
&c.  Penalty,  $1000.  1881,  c.  94. 

'  See  city  charter. 


CEMETERIES.  95 

revised  ordinances  of  1855,  for  the  burial  of  the  dead 
of  the  city  of  Portland,  to  be  kno\m  as  "Evergi-een 
Cemetery,"  and  the  several  tracts  of  land  since  pur- 
chased by  the  city  in  said  town  of  Deering,  adjacent 
to  and  adjoining  said  cemetery  or  which  may  here- 
after be  purchased  to  extend  its  limits,  shall  be 
included  in  and  subject  to  all  the  ordinances  or  regu- 
lations herein  or  hereafter  made  for  the  government 
and  control  of  said  Evergreen  Cemetery. 

TRUSTEES.^ 


EVERGREEN   CEMETERY. 

2.  The  board  of  trustees  shall  consist  of  three 
members. 

The  mayor  shall,  in  the  month  of  April,  annually, 
appoint,  subject  to  the  approval  of  the  board  of  alder- 
men, a  suitable  person  as  trustee  of  Evergreen 
Cemetery,  to  hold  such .  office  for  a  term  of  three 
years,  (unless  sooner  removed),  and  until  his  suc- 
cessor is  appointed  and  confirmed,  and  each  annual 
appointment  so  made,  shall  be  to  fill  the  vacancy 
occasioned  by  reason  of  the  expiration  of  a  trustee's 
term  of  office. 

The  mayor  may,  two-thirds  of  the  board  of  alder- 
men consenting,  remove  for  sufficient  cause  any 
member  of  the  board  of  trustees  after  a  full  and  fair 
investigation  in  which  the  said  trustee  shall  have  the 
right  to  be  heard  in  defence,  and  any  vacancy  in 
the  board  of  trustees  whether  by  removal,  resignation 
or  otherwise,  shall  be  filled  by  the  mayor  and  alder- 
men by  appointment  and  confirmation  as  aforesaid ;  . 
the  ti-ustee  so  appointed  to  hold  such  office  for  the 
residue  of  the  term  of  the  trustee  whose  place  he  fills. 

The  board  of  trustees  shall,  in  the  month  of  April 
or  May,  annually,  organize  by  the  choice  of  a  chair- 

>  For  rules  of  trustees  see  book  prepared  by  them,  entitled,  "BegulationB 
of  the  Board  of  Trustees."  • 


Trustees. 


96  CEMETERIES. 

man,  and  also  a  secretary  and  treasurer,  who  shall  be 
one  of  their  own  number.  The  chairman  (when 
present)  shall  preside  at  all  meetings  of  the  board. 

The  secretary  and  treasurer,  acting  as  secretary, 
shall  keep  a  record  of  the  doings  of  the  board  of 
trustees,  and  attend  to  all  correspondence. 

He  shall  annually  make  out  and  submit  to  the  city 
council  a  statement  of  the  general  condition  and  affairs 
of  the  cemetery,  which  statement  shall  be  submitted 
to  the  city  council  in  connection  with  the  detailed 
statements  of  Evergreen  Fund  and  the  Cemetery 
Account  by  the  city  treasurer  at  the  close  of  each 
financial  year. 

The  secretary  and  treasurer,  acting  as  treasurer  of 
the  trustees,  shall  receive  all  money  not  paid  directly 
into  the  city  treasury. 

All  bills  against  the  cemetery,  shall  be  submitted 
to  him  for  examination,  and  he  shall  then  submit  the 
same  to  the  board  of  trustees  for  approval. 

He  shall  keep  a  detailed  account  of  all  money 
received  by  him  from  any  source  in  connection  with 
and  belonging  to  the  cemetery,  and  of  any  and  all 
expenditures  made  through  him. 

He  shall  at  least  once  in  three  months,  make  out  a 
detailed  statement  of  all  receipts  and  expenditures, 
and  turn  the  same  over  to  the  city  treasurer  together 
with  all  funds  in  his  possession,  as  shown  by  such 
statement. 

He  shall  carefully  examine  and  make  up  from  the 
Superintendent's  time  book,  the  pay  roll  of  all  the 
,  -employees  of  the  cemetery,  and  pay  out  the  same  to 
such  employees. 

He  shall  give  bond  in  the  sum  of  one  thousand 
dollars,  to  be  approved  by  the  board  of  mayor  and 
aldermen,  for  the  faithful  performance  of  his  duties. 

He  shall  perform  such  other  duties,  as  are  imposed 
upon  him  by  these  orcjinances. 


CEMETERIES.  97 

SUPERINTENDENT . 

3.  The  board  of  trustees,  shall  at  their  organiza-  superintendent 
tion  or  as  soon  tliereafter  as  may  be,  appoint  some 

suitable  person  as  superintendent  of  the  cemetery, 
who  shall  act  under  their  direction  and  control  in  the 
care  of  the  cem.etery,  and  the  trustees  may  confer 
upon  him  such  authority  as  they  deem  advisable, 
subject  to  these  ordinances  in  the  general  control  and 
management  of  the  cemetery. 

It  shall  be  his  duty  at  all  times  in  connection  with 
the  trustees  to  see  that  these  ordinances  are  rigidly 
and  impartially  enforced. 

He  shall  be  liable  to  removal  at  any  time  by  the 
tinistees  for  incompetency,  dishonesty,  or  for  any 
cause  which  they  ma}^  deem  sufficient. 

He  shall  be  ex-officio  an  undertaker,  and  shall  have 
all  the  powers  of  the  same. 

4.  The  trustees  are  authorized  to  determine  and  occupancy  ot 
regulate  such  price  for  the  occupancy  of  lots  in  the   ^^*®- 
cemetery  as  in  their  judgment,  the  location,  surround- 
ings and  condition  of  the  same  would  seem  to  warrant, 

and  the  city  treasurer  upon  receipt  of  a  certificate 
from  the  trustees  setting  forth  the  name  of  the  person 
or  persons,  together  with  the  section,  number  and 
price  of  such  lot  or  lots  shall,  upon  the  payment  of 
the  price  specified  in  said  certificate,  made  out  and 
deliver  to  such  person  or  persons  a  certificate  in 
the  following  form : 

CITY   OF  PORTLAND. 

*'Know  all  men  by  these  presents,  that  the  city  of  Portland, 

in  consideration  of dollars  paid  by ,  hereby  give 

and  grant  to  the  said ,  his  heirs  and  assigns  forever,  the 

right  to  occupy  for  the  purpose  of  burial,  lot  No.  —  of  section  — 
in  Evergreen  Cemetery,  belonging  to  the  city,  situated  in  Deer- 
ing,  being  the  lot  described  by  that  number  on  a  plan  of  the 
cemetery  on  file  in  the  office  of  the  city  treasurer. 

This  right  is  granted,  and  is  to  be  held  and  enjoyed  subject  to 
all  such  general  regulations  as  have  been  or  may  be  adopted 
by  the  city  council  or  under  their  authority,  for  the  management 


98  .  CEMETERIES. 

and  care  of  the  cemetery,  and  the  due  observance  of  order 
therein,  and  the  same  shall  not  be  assigned  or  transfered  without 
the  consent  of  the  trustees  and  city  treasurer  endorsed  thereon. 

In  witness  whereof  this  instrument  is  subscribed  by , 

in  behalf  of  the  city,  this day  of ,  A.  D.  18—. 

,  City  Treasurer. 

The  trustees  are  prohibited  from  issuing  certificates 
of  sale  of  lots  except  as  follows,  viz  : 

To  citizens  of  Portland. 

To  non-resident  tax  payers  or  any  non-resident 
representing  a  Portland  family,  deceased,  and  buried 
in  any  cemetery  belonging  to  the  city. 

To  residents  of  the  town  of  Deering  at  an  advance 
of  fifteen  per  cent,  upon  the  price  charged  to  citizens 
of  Portland. 

No  person  shall  hereafter  purchase  and  transfer  to 
any  citizen  of  Deering,  or  other  non-resident,  any 
lot  in  Evergreen  Cemeterj^  Any  such  transfer  shall 
be  void;  and  the  person  making  such  transfer  shall 
be  liable  to  a  fine  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars  for  each  offence.  But  any  person 
holding  a  certificate  of  occupancy  of  any  lot  or  lots 
purchased  prior  to  the  adoption  of  these  ordinances, 
may  transfer  to  any  non-resident  such  right  of  occu- 
pancy in  any  lot  or.  lots  so  held  by  written  consent 
of  the  trustees  and  city  treasurer  endorsed  upon  such 
transfer,  provided  the  person  making  such  transfer 
shall  pay  into  the  city  treasury  a  sum  equivalent  to 
fifteen  per  cent. of  the  original  cost  of  such  lot  or 
lots  so  transferred. 

5.  One-fourth  part  of  the  amount  received  from 

the  sale  of  lots  in  Evergreen  Cemetery,  and  all  sums 

received   from   transfer  of  lots,    together   with    all 

„  donations   made   by   the   holders    of  lots,   or   other 

Evergreen  «^  ' 

Funa.  persons,  shall  constitute  a  fund  to  be  called  "Ever- 

green Fund,"  the  interest  of  which  shall  be  appro- 
priated to  improving  and  ornamenting  the  grounds 


CEMETERIES.  99 

and  lots  in  said  cemetery  and  keeping  the  same  in 
good  order  under  the  direction  of  the  trustees. 

The  city  treasurer  shall  have  the  care  and  custody 
of  said  fund,  and  such  portion  of  the  same  as  may 
not  be  wanted  for  immediate  use  in  accordance  with 
the  provisions  of  this  ordinance,  may  be  loaned  to  the 
city  on  interest,  or  securely  invested  under  the  direc- 
tion of  said  trustees,  and  all  interest  received,  during 
each  year,  above  the  expenditures  made,  shall  be 
added  to  the  principal  of  the  fund,  and  he  shall,  at  the 
close  of  each  financial  year,  report  to  the  city  council 
the  condition  of  the  fund. 

6.  The  city  treasurer  shall  keep  a  record  in  which 

shall  be  entered  all  lots,  agreeable  to  the  plan  of  said  cemeter>- 
cemetery,  with  their  number  and  section,  and  with  account, 
columns  ruled  for  the  names  of  the  purchasers  of  each 
lot,  the  price,  and  date  of  sale.  He  shall,  also,  open 
a  cemetery  account,  in  a  book  kept  for  that  purpose, 
in  which  shall  be  entered  all  moneys  received  on 
account  of  said  cemeter}' ;  and  all  moneys  so  received 
shall  be  and  hereby  are  constituted  a  fund  to  be  ap- 
propriated exclusively  for  the  purpose  of  improving 
and  ornamenting  said  cemetery. 

The  city  treasurer  shall,  at  the  close  of  each  finan- 
cial year,  report  to  the  city  council  a  detailed  state- 
ment of  all  receipts  and  expenditures  for  the  past 
year,  as  shown  by  such  cemetery  account. 

For  the  general  improvement  and  care  of  the  ceme- 
tery, the  trustees  are  authorized  to  employ  from  time 
to  time  such  number  of  men  as,  in  their  judgment, 
the  interests  of  the  cemetery  require,  and  the  pay 
roll  (of  such  employees)  so  made  and  maintained, 
together  with  all  expense  incun*ed  by  such  improve- 
ment and  care,  shall  be  taken  fi*om  such  cemetery 
account. 

7.  Burials  are  prohibited  upon  any  lot  the  right  of  Bnriaiupon 
occupancy  of  which  is  in  the  city  of  Portland.  ^^^' 


100  CEMETERIES. 

Provided^  however,  that  the  trustees  may  by  written 
consent  allow  such  burials  to  be  made  for  a  limited 
period  where  fhe  person  or  persons  interested,  shall 
contract  for  the  purchase  of  such  right  of  occupancy 
in  the  lot  or  lots  so  buried  upon,  and  if  such  person 
or  persons  shall  fail  to  fulfil  such  contract  of  purchase 
within  the 'time  specified  in  said  written  consent,  the 
trustees  may,  after  thirty  days  from  the  date  of  a 
notice  to  that  effect  to  such  party  or  parties  interested, 
cause  such  body  or  bodies  to  be  removed  to  Forest 
City  Cemetery,  in  Cape  Elizabeth,  at  the  expense  of 
the  party  or  parties  for  which  such  burial  was  made. 

Provided,  further,  that  the  trustees  may  and  they 
are  hereby  authorized  to  set  apart  a  plat  of  land  in 
the  cemetery,  to  be  kept  in  good  condition  for  the 
sale  of  graves  to  parties  unable  to  purchase  lots,  and 
the  trustees  are  authorized  to  adopt  and  regulate  such 
price  for  the  same  as  in  their  judgment  is  just  and 
proper,  and  if  any  person  purchasing  a  grave  shall 
thereafter  purchase  the  right  of  occupancy  in  any  lot 
in  the  cemetery,  and  remove  such  body,  such  person 
shall  be  allowed  in  such  purchase,  the  cost  of  said 
grave  exclusive  of  opening  and  filling  the  same,  and 
in  case  of  such  removal  the  space  so  vacated,  and  the 
right  to  occupy  the  same,  shall  revert  to  the  city. 

No  interment  shall  be  made  upon  any  lot  for  hire, 
nor  without  the  permission  of  the  recorded  holder  of 
the  lot  or  his  legal  representative. 

8.  A  space  of  not  less  than  three  feet  in  width  shall 
Lots;  general    y^^  reserved  for  ornamental  purposes  on  the  front  of 

directions.  ,  r-       r 

all  lots  facing  avenues,  and  of  two  feet  in  width  on 
lots  fronting  paths,  and  no  interment  shall  be  made 
therein. 

Lots  for  tombs  may  be  sold  in  places  approved  by 
the  trustees,  but  no  tomb  shall  be  erected  wholly,  or 
in  part,  above  ground  without  permission  of  the  trus- 
tees, and  all  such  must  be  furnished  with  shelves 


CEMETERIES.  101 

having  divisions  allowing  interments  to  be  separately 
made  and  perfectly  sealed,  so  as  to  prevent  the  escape 
of  unpleasant  eiiluvia.  Such  portions  as  are  above 
ground  must  be  faced  with  gnmite  or  marble. 

The  holder  of  each  lot  shall  have  the  right  to  erect 
any  proper  stones,  monuments,  or  sepulchral  struct- 
ures thereon,  and  also  to  cultivate  trees,  shrubs  and  monuments, 
plants  on  the  same,  subject  to  the  ordinances  and 
regulations  of  the  cemetery,- but  no  tree  growing  upon  . 
any  lot  or  border,  or  within  any  walk  or  avenue,  shall 
be  cut  dowai  or  destroyed  by  any  person  without  the 
consent  of  the  trustees  in  writing.  Any  person  vio- 
lating this  ordinance  shall  be  subject  to  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars  for  each 
ofience. 

If  any  trees  or  shrubs,  situated  in  any  lot,  shall, 
by  means  of  their  roots,  branches  or  otherwise,  be- 
come detrimental  to  the  adjacent  lots,  avenues  or 
paths,  or  unsightly  or  inconvenient  to  passengers,  it 
shall  be  the  duty  of  the  trustees,  and  they  shall  have 
the  right  to  enter  the  said  lot  and  remove,  or  cause 
to  be  removed,  the  said  trees  or  shrubs,  or  such  parts 
thereof  as  are  detrimental,  unsightly  or  inconvenient. 

All  lots  hereafter  sold  shall  be  graded  under  the  Grades, 
direction  of  the  trustees  at  such  price  as  may  be  de- 
termined upon  by  them,  and  any  profit  arising  from 
such  gi-ading  shall  go  into  the  cemetery  account  pro- 
vided in  sec.  6,  and  no  person  shall  be  employed  to 
grade  lots  except  by  consent  and  under  direction  of 
the  trustees,  and  no  deed  shall  hereafter  be  issued  by 
the  city  treasurer  to  any  party  until  the  price  of  the 
Iqt  and  grading  shall  have  been  paid. 

The  grades  of  all  lots  will  be  detennined  by  the 
trustees,  and  all  workmen  employed  in  the  construe-  hji^j, 
tion  of  vaults,  enclosing  of  lots,  erection  of  monu- 
ments,   etc.,    must   be   subject   to   the  control  and 
direction   of   the   superintendent   acting   under   the 


102  CEMETERIES. 

direction  of  the  trustees,  in  all  matters  appertaining 
to  the  general  regulations  of  the  cemetery. 

This  ordinance  shall  not  only  apply  to  employees 
of  the  cemetery,  but  to  any  and  all  parties  who  shall 
enter  the  cemetery  for  such  purposes,  and  any  party 
who  shall  refuse  to  comply  with  this  ordinance  and 
the  regulations  of  the  cemetery,  may  be  prohibited 
from  performing  further  work  in  the  cemetery. 

The  grading  of  any  lot  in  the  cemetery,  or  the 
change  of  the  grade  of  any  lot  once  established  by 
the  city,  except  by  an  employee  of  the  cemetery 
acting  under  direction  of  the  superintendent  or  trus- 
tees, is  prohibited,  and  any  lot  holder  or  his  repre- 
sentative who  shall  cause  this  ordinance  to  be  violated 
by  reason  of  procuring  any  person  for  such  purpose 
(except  as  above),  shall  be  liable  to  a  fine  of  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars 
for  each  offence. 

No  person  except  an  employee  of  the  cemetery 
acting  under  direction  of  the  superintendent  or  trus- 
tees, shall  hereafter  enter  Evergreen  Cemetery  for 
the  purpose  of  caring  for  lots  for  hire  ;  and  no  trustee, 
superintendent  or  employee  of  the  cemetery  shall  be 
allowed  to  be  personally  interested  in,  or  receive 
compensation  for  any  such  care  of  lots,  but  any  and 
all  receipts  from  such  care  shall  go  into  the  cemetery 
account  provided  in  sec.  6,  and  any  person  violating 
this  ordinance  shall  be  liable  to  a  fine  of  not  less  than 
ten  nor  more  than  fifty  dollars  for  each  offence. 
Water.  The  regulations  governing  the  use  of  water  taken 

from  the  pipes  in  the  cemetery,  either  by  hose  or 
otherwise,  shall  be  under  the  control  and  direction  of 
the  trustees. 

No  foundation  for  any  stone,  tablet,  monument  or 
ornament,  which  foundation  shall  be  wholly  or  in  part 
of  stone  or  brick,  shall  be  laid  in  the  cemetery  except 
by  the  city  of  Portland.     Provided,  however,  that 


Care  of  lots. 


CEMETERIES.  103 

the  trustees  may,  if  deemed  advisable,  authorize  under 
their  direction  and  supervision  the  construction  of  such 
foundations  by  parties  other  than  the  city. 

No  person  shall  hereafter  attach  any  chain,  vdre, 
rope  or  other  article  used  as  a  guy  to  any  tree  in  the 
cemetery  without  the  consent  of  the  superintendent 
or  trustees  in  writing,  and  any  person  violating  this 
ordinance  shall  be  liable  to  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars  for  each 
offence,  and  the  superintendent  or  trustees  may  re- 
move any  guy  so  attached  and  the  party  or  parties 
attaching  the  same  in  violation  of  this  ordinance  shall 
be  liable  for  any  and  all  damage  caused  by  such 
removal. 

The  transportation  of  loaded  teams  containing  Loaded  teams 
stone,  granite,  marble  or  other  heavy  substance  p^^^^^"*^^^- 
through  the  front  main  entrance,  may  be  prohibited 
by  the  trustees  when  in  their  judgment  the  same 
would  be  detrimental  or  injurious  to  said  entrance, 
and  any  person  or  persons  who  shall  continue  such 
transportation  when  so  prohibited  shall  be  liable  to  a 
fine  of  not  less  than  fifty  dollars  for  each  offence,  and 
the  ti-ustees  are  further  authorized  to  prohibit  such 
transportation  under  the  same  penalty,  through  such 
avenues  as  they  may  from  time  to  time  designate. 

The  erection  of  wooden  fences  or  head-boards  of 
wood  or  slate  is  prohibited. 

Horses   must  not  be  left  unfastened  or  fastened  Horses. 
except  at  posts  provided  for  such  puqjose,  and  any 
party  violating  this  ordinanx^e  shall  be  liable  for  any 
damage  which  may  occur  by  reason  of  the  same. 

All  persons  who  shall  be  found  within  the  limits  of  jj^igeg 
the  cemetery  making  unseemly  noises,    discharging   prohibited. 
firearms,  driving  at  a  rapid  rate  through  the  avenues, 
throwing  stones  or  other  missiles  or  otherwise  con- 
ducting himself  in  a  manner  unsuitable  to  the  purposes 


104 


CEMETERIES. 


Personal 
interest  of 
officer. 


Expense  of 

trustees, 
transporta- 
tion. 


Undertakers. 


to  which  the  grounds  are  devoted,  or  in  violation  of 
any  ordinance  or  regulation  of  the  cemetery  shall  be 
liable  to  arrest  and  imprisonment  or  fine. 

No  trustee  or  superintendent  shall  be  personally 
interested  in  any  contract  for  labor  or  materials  used 
in  the  cemetery,  and  the  violation  of  this  ordinance 
shall  be  sufficient  cause  for  such  trustee's  or  superin- 
tendent's removal  from  office,  and  any  tinistee  or 
superintendent  who  shall  receive  and  retain  or  appro- 
priate to  his  own  use  any  funds  of  the  cemetery  of 
any  description  shall  be  subject  to  immediate  removal 
from  office. 

Each  trustee  shall  be  entitled  to  draw  from  the 
cemetery  account  the  sum  of  one  hundred  dollars  per 
annum,  which  sum  shall  be  in  full  for  all  expense  of 
transportation  to  and  from  the  cemetery. 

The  trustees  shall  have  power  to  adopt  and  enforce 
such  regulations  for  the  government  and  control  of 
the  cemetery  as  are  not  inconsistent  with  these  ordi- 
nances. 

9^  No  person  except  a  licensed  undertaker  of  the 
city  of  Portland,  or  the  superintendent  acting  as  such, 
shall  remove  to  or  deposit  for  burial  in  Evergreen 
Cemetery  any  body  of  a  deceased  person,  and  any 
person  violating  this  ordinance  shall  be  liable  to  a  fine 
of  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars for  each  offence. 

It  shall  be  the  duty  of  every  undertaker  who  shall 
hereafter  remove  to  Evergreen  Cemetery  any  body  of 
a  deceased  person  for  burial  or  for  deposit  in  the  re- 
ceiving tomb,  to  at  once  notify  the  superintendent  of 
burials  and  also  the  secretary  and  treasurer  of  the 
trustees,  upon  a  blank  for  such  purpose,  to  be  pro- 
cured by  such  undertaker  (of  said  secretary  and 
treasurer)  of  the  name,  age,  residence  and  nature  of 
the  disease  of  which  such  person  died,  and  if  buried, 
of  the  section,  number  and  name  of  the  lot  holder 


CEMETERIES.  105 

upon  whose  lot  such  burial  was  made,  or  if  a  body  is 
placed  in  the  receiving  tomb,  awaiting  burial,  it  shall 
•be  so  stated  upon  such  return,  and  in  addition  to  the 
name,  age,  residence  and  disease,  the  date  of  such 
deposit  and  when  such  body  shall  be  removed  for 
burial,  the  further  statement  of  the  section,  number 
and  lot  holder's  name  shall  be  added  to  such  return, 
by  such  undertaker,  and  the  secretary  and  treasurer 
shall  cause  a  record  of  every  return  so  made  to  be 
kept  for  the  use  and  information' of  the  cemetery,  and' 
the  license  of  any  undertaker  who  shall  wilfully  vio- 
late this  ordinance,  shall,  upon  complaint  of  the 
trustees,  be  at  once  revoked  by  the  mayor  and  alder- 
men. 

No  person  or  persons  shall  hereafter  open  any  gi-ave 
either  for  the  burial  or  removal  of  a  body  in  the  cem- 
etery, except  by  and  under  the  direction  of  the  super- 
intendent or  trustees,  and  for  any  grave  so  made  or 
opened,  the  trustees  may  collect  a  sum  not  exceeding 
two  dollars  for  a  person  over  five  years,  and  one 
dollar  and  fifty  cents  for  a  person  under  five  years  of 
age,  at  any  season  of  the  year  when  the  ground  is 
free  from  frost  and  snow,  otherwise  an  addition  of 
one  dollar  for  each  grave  may  be  added,  and  any 
undertaker  for  whom  such  grave  shall  be  so  made  or 
opened,  either  for  deposit  or  removal  of  a  body,  shall 
be  liable  to  the  city  for  such  expense,  together  with 
any  additional  expense  incurred  at  the  request  of  such 
undertaker,  and  he  shall  at  least  once  in  three  months 
pay  to  the  treasurer  of  the  trustees  the  amount  of  alP 
expense  so  incurred  for  graves  or  otherwise. 

No  body  of  any  deceased  person  shall  be  deposited? 
in  the  receiving  tomb,  except  that  of  a  lot  holder  in 
the  cemetery  or  a  person  entitled  by  reason  of  the 
wish  or  consent  of  a  lot  holder  to  be  buried  upon  such 
lot  holder's  lot,  or  of  a  person,  the  grave  of  which 
shall  have  been  purchased  as  contemplated  in  section 


:106  CEMETERIES. 

7,  or  of  a  person  for  whom  the  price  of  a  lot  in  the 
cemetery  shall  have  been  deposited  with  the  city 
treasurer. 

No  body  of  any  deceased  person  shall  hereafter  be 
removed  to  Evergreen  Cemetery,  either  for  burial  or 
deposit  in  the  receiving  tomb,  except  between  the 
hours  of  seven  o'clock,  a.  m.  and  seven  o'clock,  p.  m., 
nor  shall  any  body  be  removed,  in  or  from  said  ceme- 
tery except  between  the  hours  above  stated,  and  any 
undertaker  or  other  person  violating  this  ordinance, 
shall  be  liable  to  a  fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars  for  each  ofience. 

10.  There  shall  be  three  classes  or  conditions  for 

HPerpetual  care  r.  i    i  • 

of  lots.  perpetual  care  ot  lots,  viz  : 

First.  The  care  of  grass  only,  which  is  designed 
to  cover  the  keeping  of  the  grass  in  good  condition, 
and  properly  cut. 

Second.  The  care  of  grass  as  contemplated  in  the 
.first  class,  and  also  the  care  of  such  trees,  plants, 
shrubs,  myrtle  or  hedge,  as  may  be  placed  upon  the 
lot  for  which  care  is  granted,  which  is  designed  to 
cover  the  general  care  of  such  trees,  plants,  &c.,  but 
not  the  furnishing  or  replacing  of  either. 

Third.  The  care  contemplated  in  the  first  and 
second  class,  and  also  of  all  granite,  stone,  marble  or 
other  work  appearing  upon  such  lot  at  the  time  of 
granting  the  care,  and  such  additional  granite,  stone, 
marble  or  other  work  thereafter  placed  upon  such  lot, 
as  the  trustees  may  by  written  indorsement  upon  the 
I  bond  of  care,  consent  to  include  in  the  same. 

The  trustees  are  authorized  to  fix  upon  any  lot  or 
!lots,  such  price  for  perpetual  care  as  in  their  judg- 
iment  would  be  just  and  proper,  as  between  the  city 
and  the  applicants  for  same,  and  they  may  refuse  to 
•grant  perpetual  care  upon  any  lot,  the  condition  of 
.which,  is  detrimental  or  unsatisfactory  to  them. 


CEMETERIES.  107 

Upon  the  receipt  of  a  certificate  from  the  trustees 
setting  forth  the  section,  number,  and  lot  holder's 
name  and  residence,  together  with  the  class  of  care, 
and  price  of  same,  the  city  treasurer  shall  issue  to 
the  party  or  parties  therein  named,  a  bond  for  per- 
petual care,  upon  the  payment  of  the  price  agreed 
upon  in  such  certificate. 

The  trustees  or  superintendent  may  contract  with 
lot  holders,  or  their  representatives  for  the  care  of 
lots  by  the  season,  at  such  price  as  may  be  agreed 
upon. 

All  ordinances  on  Evergreen  Cemetery  heretofore 
adopted,  are  hereby  repealed. 

FOREST    CITY   CEMETERY. 

-11.  So  much  of  the  tract  of  land^  lying  north-west  ^^nd 
of  the  fence  of  the  Kennebec  and  Portland  railroad,    appropriated 
in  the  tow  n  of  Cape  Elizabeth,  purchased  by  the  city   city 
of  Samuel  Haskell,  as  per  his  deed,  dated  August  12,  ^TT"^^" 

'         i^  '  e  »  Ord.  Dec.  17, 

1858,  is  hereby  set  apart  and  appropriated  for  the   i&58,  §i,  and 
burial  of  the  dead,  and  the  same  shall  be  called  and   jges. 
known  by  the  name  of  the  "Forest  City  Cemetery,'*  city  treasurer 
according  to  the  plan  thereof  made  by  Charies  H.    ^eeT"""*^ 
Howe,  city  engineer,  and  adopted  and  established  ty  nji^. 
the  city  council  on  the  seventeenth  day  of  September, 
A.  D.  1858. 

12.  The  city  treasurer,  on  the  payment  of  the 
sum  fixed  upon  said  lots,  in  the  schedule  of  the  same,  ^^^  treasurer 

'  to  keep  record, 

on  the  aforesaid  plan  of  Charles  H.  Howe,  by  any  &c. 
person,  shall  be,  and  hereby  is  required  to  execute  ^^*^- 
and  deliver  to  said  person,  his  heirs  and  assigns  for- 
ever, a  certificate  of  said  lot,  signed  by  him,  similar 

»  sixteen  and  seventy-one  one-hundredths  acres  of  this  cemetery  were  sold  to 
D.  W.  Clark  4  Co.  by  order  March  7,  1879,  and  eleven  and  sLx-tenths  acres 
to  same  parties,  by  order  June  10, 1879.  City  Records,  vol  19,  p.  457  and  vol. 
20,  p.  37.  For  full  description  of  lots  sold  and  of  the  present  boundary  of 
cemetery  see  plans  in  city  engineer's  office.  This  cemetery  was  originally 
purchased  of  Samuel  C.  Haskell,  Aug.  12, 1858. 


108 


CEMETERIES. 


•^Superintend- 
ent. 
Ibid. 
City  Charter. 


Committee 
authorized 
exchange 
lots,  &c. 

Ibid. 


-Sale  of  lots. 
•Ord.  Julys, 
1879. 


^Committee  on 
cemeteries  to 
be  appointed 

Rev.  Ord.  1868. 

I  City  Charter. 


in  form  and  upon  the  same  terms  as  the  certificate 
now  given  for  lots  in  Evergreen  cemetery. 

13.  The  city  treasurer  shall  keep  a  record  of  all 
the  lots  sold  in  said  cemetery,  and  an  account  of  all 
the  moneys  received  for  the  same,  and  shall  annually 
report  to  the  city  council  a  statement  of  all  lots  sold, 
and  assigned  by  him,  with  the  names  of  the  pur- 
chasers, and  amount  received  by  him  therefor.  And 
all  moneys  so  received  shall  be,  and  hereby  are 
constituted  a  fund,  to  be  appropriated  exclusively  for 
the  purpose  of  improving  and  ornamenting  said 
cemetery. 

14.  There  shall  be  appointed  by  the  mayor  with 
the  advice  and  consent  of  the  aldermen,  annually,  a 
superintendent  of  Forest  City  cemetery,  who  shall  be 
ex  officio  an  undertaker,  and  who  shall  hold  his  office 
for  one  year,  or  until  a  successor  is  appointed  and 
qualified,  and  his  duties  shall  be  the  same  in  reference 
to  the  Forest  City  Cemetery  as  those  of  the  superin- 
tendent of  burials,  in  reference  to  cemeteries  within 
the  city. 

15.  The  committee  on  "Cemeteries  and  public 
grounds"  are  hereby  authorized,  at  any  time,  to 
exchange,  free  of  cost,  any  lot  in  Forest  City  Cem- 
etery for  a  lot  in  the  Eastern  or  Western  cemeteries 
in  this  city, .and  the  treasurer,  upon  the  written 
request  of  said  committee,  shall  make,  execute  and 
deliver,  a  certificate  of  such  lot,  free  of  charge,  if  so 
requested  by  said  committee. 

16.  No  sale  or  exchange  of  lots  or  of  places  for 
interment  in  Forest  City  Cemetery  shall  be  made 
hereafter  except  under  the  supervision  and  direction 
of  the  committee  on  cemeteries  and  public  grounds. 

17.  There  shall  be  appointed  annually,  a  joint 
committee  of  the  city  council,  to  be  called  the  com- 
mittee on  cemeteries  and  public  grounds,  to  consist 


CEMETERIES.  109 

of  one  member  of  the  board  of  mayor  and  aldermen, 
and  three  members  of  the  common  council. 

18.  The  said  committee  shall  have  the  care  and  to  have  care 
supervision  of  the  cemeteries  of  the  city  ;io  of  Ever-    oJtmeterL. 
green  Cemetery,  belonging  to  the  city,  in  the  town  of  promenades,] 
Deering ;   of  the  promenades,  and   all  other  public  j^^^ 
gi'ounds  of  the  city,  subject  to  such  rules,  orders  and 
regulations  as  the  city  council  may  from  time  to  time 

adopt.  ^1 

19.  No  person  shall  remove  any  gravel,   soil  or  Penalty  for 
material  from  any  portion  of  the  western  promenade,    removing 

,  .  ,  ,  ,.  ,  .      .        gravel,  Ac. 

the  cemeteries,  or  any  other  public  gi-ounds  within    from 
the  city,  without  the  consent  of  the  mayor  expressly    ^^^c^^'^ound^ 
given  therefor.     Any  person  violating  this  ordiance,  ord.  iseo, 
shall  be  subject  to  a  penalty  of  fifty  dollars.  Angustso. 

"  Subject  to  above  ordinance  of  1881,  regulating  affairs  of  Evergreen 
Cemetery. 

"  The  first  cemetery  of  tJiB  city  was  the  "Eastern,"  which  has  been  used  as 
a  burial  place  since  the  earliest  records  of  the  town.  It  contains  five  and  a 
quarter  acres.  The  "Western  Cemetery"  was  purchased  Dec.  8, 1829,  and  is 
still  used  as  a  burial  place  by  some  of  its  lot  owners. 


Children  Abused  and 
Neglected. 


statutes. 

1.  Municipal  officers  to  give  notice  of  hearing  on  cases. 

2.  Municipal  officers  may  make  complaint  to  court. 

3.  Magistrate  ma}^  place  child  in  control  of  private  person. 

4.  Municipal  officers  to  take  custody  in  certain  cases. 

5.  Parents  may  apply  to  have  custody  restored. 

6.  Expense  of  support. 

7.  Towns  may  provide  for  support. 

An  act  to  ^ '  ^^^^  complaint  in  writing,  signed  by  two  or  more  citi- 

provide  for      zens  of  any  town  or  city  alleging  that  any  child  within 
care  of  abuse    ^^^j^  town  or  city,  is  willfully  nesflected  or  cruelly  treated 

and  neglected  -^ '  jo  j 

children.  by  its  pai'ents,  or  by  the  willful  fault  of  such  parents  is 
Municipal  not  provided  with  suitable  food,  clothing  or  privileges  of 
officers  may  education,  or  is  kept  at  any  house  of  ill-fame,  or  that  such 
hearings  on  child  is  an  orphan  without  means  of  support  or  kindred 
cases  of  of  sufficient  ability,  who  will  furnish  such  support,  shall 

children  ^^  made  to  the  municipal  officers  of  such  town  or  city, 

Act  1881  c.  72     ^^^^  municipal  officers  shall  give  notice  of  a  time  and 
approved         place   of    hearing  upon  such  petition,  by  serving  such 
^s^and         notice,  with  a  copy  of  such  petition  upon  such  parents  at 
taking  effect     least  two  days  before  such  hearing,  or  by  publishing  a 
same  day.        copy  of  such  petition  and  notice  of  hearing  in  some  news- 
paper in  the  county  where  such  child  resides,  at  least  seven 
days  before  such  hearing.     Said  municipal  officers  shall 
at  the  time  and  place  mentioned  in  said  notice,  give  a  hear- 
ing to  the  parties  and  their  witnesses,  and  if  they  find  that 
the  allegations  in  the  petition  are  true,  and  that  it  is  just 
and  expedient  to  make  further  provision  for  the  care,  edu- 
cation and  support  of  such  child,  they  shall  make  a  record 
thereof,  signed  by  them  or  a  majority  of  them,  which 
shall  be  recorded  by  the  clerk  of  said  city  or  town  in  a 
book  kept  for  that  purpose. 


court. 
Ibid.  §  2. 


CHILDREN  ABUSED.  HI 

2.  Upon  the  making  of  such  record  it  shall  be  the  duty  Municipal 
of  such  municipal  officers  or  of  some  person  appointed  by  ^^e^*^ 
them  for  that  purpose,  to  make  a  complaint  under  oath  to  complaint  to 
any  judge  of  any  court  or  any  trial  justice,  which  shall 
contain  in  substance,  the  allegations  set  forth  in  said  peti- 
tion, and  praying  that  such  provision  may  be  made  for 
the  care,  custody,  support  and  education  of  the  child 
named  in  said  complaint  as  justice  shall  require,  and 
thereupon  the  magistrate,  before  whom  such  complaint  is 
made,  shall  issue  his  warrant  and  shall  cause  such  child 
to  be  brought  before  him,  and  if  upon  notice  and  hear- 
ing, it  shall  appear  that  the  allegations  of  the  complaint 
are  true,  and  that  justice  requires  that  such  child  shall  be 
supported  and  educated  away  from  its  parents,  he  shall 
order  such  child  to  such  place  or  institution  as  shall  be 
provided  therefor  by  such  town  or  city,  or  to  such  chari- 
table institution  or  private  person,  as  he  shall  deem  suit- 
able for  the  purpose,  provided  such  institution  or  person 
shall  consent  to  receive,  support  and  educate  such  child  ; 
but  such  order  shall  not  extend  beyond  the  time  when 
such  child  shall  arrive  at  the  age  of  twenty-one  years,  if 
a  male,  or  at  the  age  of  eighteen  years,  if  a  female. 

3.  Whenever  the  magistrate  shall  deem  it  suitable  and  Magistrate 
conducive  to  the  public  welfare,  that  such  child  shall  be    may  place 
placed  under  the  control  of  any  private  person,  he  shall 
first  take  a  bond  from  such  person,  running  to  such  town    private 
or  city  where  the  child  resides,  in  such  sum  and  with  such    person, 
sureties  as  he  shall  approve,  conditioned  that  such  person 
will  humanely   treat  and  properly   support,  clothe  and 
educate  the  child,  and  in  case  of  the  non-performance  of 
said  bond,  a  suit  may  be  commenced  thereon,  and  the 
sum  recovered  upon  such  bond   shall  be  paid  into  the 
treasury  of  the  town  or  city  to  which  the  bond  is  given. 
Upon  application  to  any  magistrate,  he  shall  examine  into 
the  condition  and  welfare  of  the  children  who  have  been 
provided  for  under  this  act,  and  may  at  any  time  make 
such  further  order  in  relation  to  their  care,  custody,  sup- 
port and  education  as  justice  shall  demand. 

4.  Whenever  the  municipal  officers  of  any  town  or  city 
have  reason  to  believe  that  any  child  will  be  removed 


child  under 
control  of 


112 


CHILDREN  ABUSED. 


Municipal 
ofllcers  to 
take  custody 
in  certain 


Ibid.  §  4. 

Parents  may 
apply  to  have 
custody  of 
child 
restored. 

Ibid.  §  5. 


Expense  of 
support. 
Ibid.  5  6. 


Towns  may 
provide  for 
support. 
Ibid.§  7. 


beyond  the  limits  of  the  State  before  a  hearing  can  be 
had,  provided  in  this  act  at  any  time  after  the  filing  of 
the  petition,  they  shall  have  the  power  to  take  the  child 
into  their  custody  and  keep  the  same  until  the  hearing 
before  the  magistrate,  as  provided  by  this  act. 

5.  Whenever  any  child  is  in  the  custody  of  any  public 
or  charitable  institution,  the  parents  or  either  of  them 
may  make  application  in  writing  to  any  judge  of  the 
Supreme  Judicial  Court  to  have  the  custody  of  such  child 
restored  to  them.  Such  notice  of  the  application  and  the 
time  and  place  of  the  hearing  thereon  as  the  court  shall 
order,  shall  be  given  to  such  institution  and  the  municipal 
officers  of  the  town  or  city  where  the  proceedings  pro- 
vided for  in  this  act  commenced,  and  if  it  shall  appear 
upon  such  hearing,  that  the  applicant  is  of  sufficient 
ability  and  inclination  to  suitably  provide  for  the  support 
and  education  of  such  child,  and  justice,  requires  that  the 
custody  of  such  child  shall  be  restored  to  such  applicant, 
the  judge  shall  so  order  and  the  custody  and  control  of 
said  child  shall  thereupon  be  given  such  applicant  until 
the  further  order  of  the  court. 

6.  Any  town  or  city  incurring  expenses  under  this  act, 
by  reason  of  the  fault  of  piarents  who  are  of  sufficient 
ability  to  properly  support  and  educate  their  children, 
but  who  wrongfully  neglect  and  refuse  to  do  so,  may 
recover  of  such  parents  in  an  action  of  debt,  the  amount 
so  expended  for  the  support  of  said  children. 

7.  Any  town  or  city  may  make  proper  provisions  for 
the  support  of  children  mentioned  in  this  act,  and  such 
support  shall  not  make  such  children  or  their  parents, 
paupers.  1 


iSee  titles,  "Schools,"  "Industrial  School,"  "Paupers." 


City  Auditor.' 


Ordinances. 

1.  The  city  auditor  elected  annually. 

2.  To  give  bond. 

3.  Successor  to  be  appointed  in  case  of  death,  &c. 

4.  Expenditures  to  be  vouched  and  drawn  for. 

5.  Payments  in  advance,  how  made. 

6.  Committee  on  accounts  to  direct  auditor,  and  examine  bills. 

7.  Auditor  to  keep  books. 

8.  Auditor  to  examine  bills  against  city,  &c. 

9.  Auditor  to  make  annual  estimates  and  statement  of  expen- 

diture. 
10.     Auditor  to  open  an  account  with  treasurer. 

1.  There  shall  be  elected  annually,  or  at  the  time  Q^^^  auditor  to 
that  may  hereafter  be  fixed  for  the  election  of  other   be  elected 
subordinate  officers,  one  person,  possessing  a  practical  ord.  Apnii, 
knowledge  of  book-keeping,  to   be  styled   the  city   ^^^'  5 1« 
auditor  of  acounts,  who  shall  continue  in  office  during  Rev.  ord.  ises. 
the  year  ensuing  his  election,  and  until  another  person 

has  been  elected  and  qualified  in  his  place. 

2.  Said  auditor  of  accounts  shall  be  sworn  to  the 

faithful  performance  of  the  duties  of  his  office,  and  ^i^f^Ig^**"^* 

give  bond,  with  surety  or  sureties,  to  be  approved  by 

the  mayor  and  aldermen,  in  the  penal  sum  of  three 

thousand  dollars,  for  the  faithful  performance  of  said 

duties,  the  true  accounting  for  and  payment  over  of 

all  city  moneys  which  shall  come  into  his  hands,  and 

the  delivery  over  to  his  successor,  or  to   the   city 

clerk,  of  all  the  books,  accounts,  papers,  and  other 

documents  and  property  w^hich  shall  belong  to  said 

office. 

1  For  statute  provisions  relating  to  election  of  auditor,  see  act  1874,  c.  188. 


114  CITY  AUDITOR. 

A  successor  to      3^     jj-j  case  said  office  shall  become  vacant  by  death, 

be  appointed  ...  . 

in  case  of        resignation  or  otherwise,  a  successor  shall  forthwith, 

ibid*^'2*^        and  in  like  manner,  be  appointed,  who  shall  continue 

in  office  until  the  appointment  and  qualification  of  a 

successor. 

Expenditures        4.  No  moucj  sliall  be  paid  out  of  the  city  treasury 

and  drawn  for.  uulcss  the  expenditures  or  the  terms  of  the  contract 

Ibid.  §  3.  shall  be  vouched  by  the^  chairman  of  the  committee 

of  the  board,    under   Tvhose    authority   it  has  been 

authorized  and  made ;  nor  unless  the  same  shall  be 

examined  by  the  auditor,  approved  by  the  committee 

of  accounts,  and  drawn  for  by  the  mayor. 

Payments  in  5.  In  all  cascs  whcrc  it  is  necessary  for  money  to 

advance,  how  \yQ  paid  in  advance,  for  contracts  made  or  for  works 

made. 

DM.  §3.  begun,   but  not  completed,    the  mayor  may,  upon 

being  satisfied  of  such  necessity,  draw  upon  the  city 
treasurer  for  the  amount  thus  necessary  to  be  ad- 
vanced, which  draft  shall  be  paid  by  the  city  treasurer, 
provided  the  same  be  countersigned  by  the  auditor  ; 
and  it  shall  be  the  duty  of  the  auditor  to  countersign 
all  such  drafts,  not  exceeding  five  hundred  dollars, 
and  to  charge  the  same  to  the  proper  person  and 
account ;  but  the  said  auditor  shall  not  countersign 
any  such  draft  for  any  sum  exceeding  five  hundred 
dollars,  without  the  direction  of  the  committee  on 
accounts. 

Committee  on  6.  It  shall  be  the  duty  of  the  committee  of  accounts 
accounts  to      ^^  direct  the  auditor  as  to  the  manner  in  which  the 

direct  auditor,  i     i  . 

and  examine    books,  rccords  and  papers  belonging  to  the  depart- 
^^^}]^\ ,  ment  shall  be  kept,  and  the  mode  in  which  all  bills 

Ibid.  §  4.  ^   ' 

and  accounts  against  the  city  shall  be  certified  or 
vouched,  and  as  often  as  once  in  every  month  to 
examine,  and  if  they  see  fit,  to  pass  all  bills  and 
accounts  against  the  city,  wliich  shall  be  certified  by 
the  auditor. 

2  By  order  of  city  council,  majority  of  the  committee. 


CITY  AUDITOR.  115 

7.  It  shall  be  the  duty  of  the  auditor  to  keep,  in  a  '^^,"^^^^7^^^^^ 
neat,  methodical  style  and  manner,  a  complete  set  of  ibid.  §5. 
books,    under    the    direction    of   the   committee    of 
accounts,  wherein  shall  be  stated,  among  other  things, 

the  appropriation  for  each  distinct  object  of  expendi- 
ture, to  the  end  that  whenever  the  appropriations  for 
the  specific  objects  shall  have  been  expended,  he  shall 
immediately  communicate  the  same  to  the  city  council, 
that  they  may  be  apprised  of  the  fact,  and  either 
make  a  farther  appropriation  or  withhold,  as  they 
may  deem  expedient. 

8.  The  auditor  shall  receive  all  bills  and  accounts  Aurutorto 
from  persons  having  demands  against  the  city,  examine    y^^^^  against 
them  in  detail,  cast  up  the  same,  and  have  them  filed   the  city,  &c. 
and  entered  in  books,  in  such  manner  and  form  as 

the  committee  of  accounts  shall  order  and  direct. 
\\'hen  the  auditor  shall  have  any  doubt  concerning 
the  correctness  of  any  such  bill  or  account  presented 
against  the  city,  he  shall  not  enter  the  same  in  a  book 
until  he  shall  have  exhibited  the  same,  with  his 
objections,  to  the  committee  of  accounts,  at  their  next 
meeting,  for  their  consideration  and  final  decision. 
And  it  shall  also  be  the  duty  of  the  auditor  to  render 
an}'  other  services,  from  time  to  time,  as  the  city 
council  or  the  committee  of  accounts  shall  direct. 

9.  It  shall  be  the  duty  of  the  auditor  of  accounts 

.  .  .  Auditor  to 

to  lay  before  the  city  council  annually,  at  such  time    make  annual 
as  the  council  may  direct,  an  estimate  of  the  amount    gtotemwuo?^ 
of  money  necessary  to  be  raised  for  the  ensuing  year,    expenditure, 
under  the  respective  heads   of  appropriation ;   and 
shall  also  annually,  at  such  times  as  the  council  may 
direct,  make  and  lay  before  said  council  a  statement 
of  all  the  receipts  and  expenditures  of  the  past  finan- 
cial year,  giving  in  detail  the  amount  of  appropriation 
and  expenditure  for  each  specific  object,  the  receipt 
from  each  source  of  income,  the  whole  to  be  arranged 
as  far  as  practicable  to  conform  to  the  accounts  of 
the   city   treasurer;    and    said   statement    shall   be 


116  CITY  AUDITOR. 

accompanied  by  a  schedule  of  all  the  property  belong- 
ing to  the  city,  and  an  exhibit  of  the  debts  due  from 
the  city. 

10.  The  auditor  shall  open  an  account  with  the 
an  account^^^^  treasurer  of  the  city,-  charging  said  treasurer  with  the 
with  treasurer,  wholc  amouut  of  taxcs  placed  in  his  hands  for  collec- 
tion, also  the  whole  amount  in  detail  of  all  bonds, 
notes,  mortgages,  leases,  rents,  interest  and  other 
sums  receivable,  in  order  that  the  value  and  descrip- 
tion of  all  personal  property  belonging  to  the  city 
may  be  at  any  time  known  at  the  office  of  the  auditor. 


City  Clerk. 


Statutes. 

1.  Notice  of  intention  of  marriage,  how  recorded. 

2.  Clerk  to  give  certificate. 

3.  Proceedings  wlien  marriage  is  forbidden. 

4.  Return  to  the  clerk  by  person  solemnizing  marriage, 

5.  Penalty  for  false  certificate  of  intention. 

6.  Clerk  to  make  annual  return  to  clerk  of  courts. 

7.  Clerk  to  record  marriages,  births,  deaths.     Fees. 

8.  Assessors  to  return  births  and  deaths  to  clerk. 

9.  Penalties. 

10.  Mortgages  of  personal  property. 

11.  Clerk  to  record  same.     Fees. 

12.  How  mortgage  redeemed. 

13.  Notice  of  foreclosure,  how  given  and  served. 
U.  Sworn  copy  of  notice  to  be  recorded. 

15.  "  Holmes  note"  to  be  recorded. 

16.  Attachment  of  property  which  cannot  be  moved. 

17.  Lien  on  building,  and  lot  to  be  recorded. 

18.  Lien  on  vessel  in  stocks.     Record. 

19.  Record  Book  for  articles  sold. 

20.  Proprietors'  records. 

21.  Licensing  board. 

22.  Indentures  of  apprentices. 

23.  Record  of  small  cemetery  lot. 

24.  Deeds  of  pews  may  be  recorded. 

25.  Preparing  list  of  jurors. 

26.  Check  list.     Return  of  votes,  &c. 

27.  List  of  persons  chosen  to  oflice.     Oath. 

28.  May  record  his  own  election. 

29.  Certified  copy  of  city  oflScers  elected. 

30.  Deputy  clerk. 

31.  Treasurer  of  city  or  town  to  be  given  to  State  treasurer. 

Ordinances. 

1.  Duties  of  clerk. 

2.  Clerk  to  purchase  stationary  and  blank  books. 


118 


CITY  CLERK. 


Notice  of 
intention  of 
marriage,  how 
to  be  recorded. 
R.  S.,1871,c.59, 
§  4,  as  amended 
by  Act  1875,  c. 
40. 


Book  of  record 
to  be  labeled 
and  kept  open 
for  inspection. 


Clerk  to  give 

certificate. 
E.  S.,  1871,  c. 

59,  §  5. 
Certificate  not 

to  be  issued  to 

minors 

without 

consent  of 

parents  or 

guardians. 
Or  to  paupers. 


Penalty. 
Ibid.  §  5. 


Proceedings 
where 
marriage  is 
forbidden. 

Ibid.  §  8. 


Statutes. 

1.  All  residents  of  this  State  intending  to  be  joined  in^ 
marriage,  shall  cause  notice  of  their  intentions  to  be 
recorded  in  the  office  of  the  clerk  of  the  town  in  which 
each  resides,  at  least  five  days  before  a  certificate  of  such 
intentions  shall  be  granted  ;  and  if  one  only  of  the  parties 
intending  to  be  joined  in  marriage  resides  in  this  State, 
they  shall  cause  notice  of  their  intentions  to  be  recorded 
in  the  office  of  the  clerk  of  the  town  in  which  such  party 
resides,  at  least  five  days  before  a  certificate  of  such  in- 
tention is  granted ;  and  the  book  in  which  said  record  is 
made  shall  be  labelled  on  the  outside  of  the  cover  thereof, 
with  the  words,  "Record  of  intentions  of  marriage,"  and 
be  kept  open  to  public  inspection  in  the  office  of  the  clerk, 
and  if  there  be  no  such  clerk  in  the  place  of  their  resi- 
dence, the  like  entry  shall  be  made  with  the  clerk  of  an 
adjoining  town. 

2.  The  clerk  shall  deliver  to  the  parties,  a  certificate, 
specifying  the  time  such  intentions  were  entered  with  him  ; 
and  it  shall  be  delivered  to  the  minister  or  magistrate  be- 
fore he  begins  to  solemnize  the  marriage  ;^  but  no  such 
certificate  shall  be  issued  to  a  male  under  twenty-one,  or 
a  female  under  eighteen  years  of  age,  without  the  written 
consent  of  their  parents  or  guardians  first  presented,  if 
they  have  any  living  in  this  State  ;  nor  to  a  town  pauper 
when  the  overseers  of  a  town  deposit  a  list  of  their  pau- 
pers with  the  clerk  ;  and  for  any  intentional  violation  of 
the  foregoing  prohibitions  ;  or  for  falsely  stating  the  resi- 
dence of  either  party  named  in  such  certificate,  such 
clerk  shall  be  fined  twenty  dollars. 

3.  Any  person  believing  that  parties  are  about  to  con- 
tract matrimony,  when  either  of  them  cannot  lawfully  do 
so,  may  file  a  caution  and  the  reasons  therefore,  in  the 
office  of  the  clerk  where  notice  of  their  intention  should 


1  When  marriage  is  proved  to  have  been  solemnized  by  a  settled  ordained 
minister  of  the  gospel,  the  legal  presumption  is  that  it  was  done  in  accord- 
ance Avith  law.  Pratt  v.  Pierce,  36  Maine,  448;  see  also,  Bowdoinham  v. 
Phipps])urg,  63  Maine,  497. 

2  Mai-riage  is  a  social  relation.  It  is  a  civil  contract,  in  one  point  of  view, 
and  only  those  who  can  legally  enter  into  a  civil  contract,  can  legally  marry. 
Adams  v.  Palmer,  51  Maine,  480,  The  law  on  this  subject  is  regulated  by 
the  statutes  of  the  place  where  the  parties  had  their  domicile. 


CITY  CLERK.  119 

be  filed.  Then  if  either  party  applies  to  the  clerk  to  enter 
such  notice,  he  shall  withhold  the  certificate,  and  notify 
the  person  filing  the  caution,  who  shall,  within  seven  days 
thereafter,  unless  the  justices  certify  that  a  longer  time  is 
necessar}',  procure  the  decision  of  two  justices  of  the 
peace,  after  notice  to  both  parties,  upon  the  sufficiency  of 
such  reasons,  which  shall  be  duly  certified  to  said  clerk, 
and  he  shall  deliver  or  withhold  the  certificate  accordingly. 
If  the  decision  is  against  the  sufficiency,  the  justices  shall 
enter  judgment  against  the  .applicant  for  costs,  and  issue 
execution  therefor. 

4.  Every  person,  commissioned  to  solemnize  marriages,  j^^^^j^  ^ 
shall  keep  a  record  of  all  marriages  solemnized  by  him,    marriages  to 
and,  by  the  fifteenth  day  of  each  month,  make  return    Remade  to 

towii  clerk. 

thereof  for  the  preceding  month,  to  the  clerk  of  the  town  ^g^g  ^  j^q  ' 
where  the  marriage  is  solemnized,  certifying  the  names  of 
the  parties,  the  places  of  their  residences,  and  the  date  of 
their  marriage  ;  and  for  any  neglect  to  do  so,  he  shall  for- 
feit the  sum  of  fifty  dollars,  one-half  to  the  use  of  the 
county,  and  the  other  to  the  use  of  the  person  suing 
therefor. 

5.  If  any  town  clerk  makes  out  and  delivers  to  any  penalty  for 
person,  a  false  certificate  of  the  entry  of  the  intention  of    false 
matrimony,  knowing  it  to  be  false  in  any  particular,  he    intention 
shall  be  fined  one  hundred  dollars,  or  six  months  in  the  R.  s.,i87i,c.59, 
county  jail.  ^^^' 

6.  The  clerk  of  every  town  shall  return  to  the  clerk  of  Town  clerk  to 

the  judicial  courts  for  his  county,  a  transcript  of  all  the    ™^^® , 

•^  ^  annual  return 

records  of  marriages  made  upon  his  books  during  the  year    of  marriages 

for  which  he  was  a  clerk  ;  and  said  clerk  of  courts  shall    *^  ^^^^^  ^' 

record  the  same  in  a  book  to  be  kept  for  that  purpose ;  ^^    ' 

and  be  allowed  therefor  by  the  county  treasury  at  the  rate 

of  twelve  cents  a  page. 

7.  The  clerk  of  every  town  shall  record  in  a  book  kept  '^^^5^®'^^^ 
for  that  purpose,  the  marriages,  births,  and  deaths  occur-    JJ^^f^d 
ing  therein  ;  and  by  the  second  Monday  ol  May  annually,    deaths,  and 
shall  make  certified  returns  thereof  to  the  secretai-y  of   return  to 

•^  secretary  of 

State,  for  the  year  ending  the  last  day  of  March  ;  and  the    state,  to  be 

°  *'  filed  by  him. 

latter  shall  receive  and  file  them  in  his^ffice.  ibid.  §20, 


120 


CITY  CLEEK. 


Fees. 

R.  S.,  1871,  c. 
116,  §19. 


Assessors  to 
ascertain 
births  and 
deatlis,  and 
return  to 
clerk. 

Duty  of 
parents. 

R.S.,  1871,  C.J 
§21. 


Penalty. 
Ibid.  §  22. 


Mortgages  of 
personal 
property  not 
valid  except 
between* 
parties,  unless 
recorded  or 
possession 
taken. 

Where 
recorded. 

R.  S.,  c,  91,  §  1. 
as  amended  by 
act  1880,  c.  193- 


Town  clerks^  shall  receive  for  entering  and  recording 
intentions  of  marriage,  giving  certificate  of  same,  and 
recording  marriage  on  receiving  the  minister's  or  justice's 
certificate  thereof,  fifty  cents,  to  be  paid  on  issuing  the 
certificate  of  intention  of  marriage.  For  recording  births 
and  deaths,  eight  cents  each.  For  a  certificate  of  a  birth 
or  death,  ten  cents. 

8.  The  assessors,  while  taking  the  inventory  of  the 
polls  and  estates  annually,  shall  ascertain  b}^  inquiry,  the 
births  and  deaths  during  the  year  ending  the  last  day  of 
March,  and  make  returns  thereof  to  the  town  clerk  by  the 
last  day  of  ^pril ;  and  parents,  householders,  masters  of 
workhouses,  almshouses,  prisons  and  vessels,  shall  give 
notice  to  the  clerk  of  their  town,  of  the  births  and  deaths 
which  take  place  in  their  families,  houses  or  vessels  ;  and 
the  elder  person  next  of  kin,  shall  give  notice  of  the  death 
of  his  kindred. 

9.  Whoever  neglects  to  perform  the  duties  required  of 
him  in  the  three  preceding  sections,  forfeits  not  exceeding 
ten  dollars  for  each  offence,  to  be  recovered  by  complaint, 
half  to  the  town  and  half  to  the  prosecutor. 

10.  No  mortgage  of  personal  property  shall  be  valid 
against  any  other  person  than  the  parties  thereto,^  unless 
possession  of  such  property  is  delivered  to,  and  retained 
by  the  mortgagee,  or  the  mortgage  is  recorded  by  the 
clerk  of  the  town,  or  plantation,  organized  for  any  pur- 
pose in  which  the  mortgager  resides.  When  all  the  mort- 
gagers reside  without  the  state,  the  mortgage  shall  be 
recorded  in  said  town  or  plantation  where  the  property  is 
when  the  mortgage  is  made  ;  but  if  a  part  of  the  mort- 
gagers reside  in  the  state,  then  in  the  towns  or  plantations 
in  which  such  mortgagers  reside.  A  mortgage  made  by  a 
corporation,  shall  be  recorded  in  the  town  where  it  has  its 
established  place  of  business.     If  any  mortgager  resides 


3  Lake  v.  Ellsworth,  40  Maine,  343. 

*  If  not  recorded,  not  good  against  bona  fide  holder.  Shaw  v.  Wilshire,  65 
Maine,  485.  How  far  notice  to  creditors  will  take  the  place  of  record,  see 
Sawyer  v.  Pennell,  19  Maine,  167 ;  Rich  v.  Roberts,  48  Maine,  548.  Where 
two  mortgagers  in  two  towns,  record  must  be  in  both  towns.  Rich  v.  Roberts, 
supra;  Morrill  v.  Sanfi|d,  49  Maine,  566.  Certificate  of  town  clerk  on  back, 
is  legal  evidence  of  when  it  was  received  for  record,  Stevens  v.  Whittier, 
43  Maine,  376. 


CITY  CLERK.  ^  121 

in  an  unorganized  place,  the  mortgage  shall  be  recorded 
in  the  oldest  adjoining  town  or  plantation,  organized,  as 
aforesaid,  in  the  county. 

11.  The  clerk,  on  payment  of  twenty-five  cents,  shall  cierk  shall 
record  all  such  mort2:ao:es  delivered  to  him,  in  a  book  kept   record  on 

'^   '^  .  ,  -  payment  of 

for  that  purpose,  notmg  therein,  and  on  the  mortgage,  fees, 
the  time  when  it  was  received  ;  and  it  shall  be  considered 
as  recorded  when  received.  Such  clerk  may  appoint  a 
citizen  of  said  town  his  deputy,  who  may,  in  the  clerk's 
absence  from  his  office,  record  mortgages  with  the  same 
effect  as  if  done  by  the  clerk;  the  appointment  may  be 
made  in  writing  as  follows  : 

I  hereby  appoint to  perform  the  duties  of  town  clerk,  ^     appoint 

as  set  forth  in  section  two,  of  chapter  ninety-one,  of  the  revised    deputy. 

statutes,  in  the  town  of ,  during  my  absence  from  the  rbid. 

clerk's  office. 

Clerk  of  the  town  of . 

Said  deputy  shall  be  sworn  to  faithfully  perform  the 
duties  of  his  office  before  he  enters  thereon. 

12.  When  the  condition^  of  a  mortgage  of  personal  g^^  mortgage 
property  is  broken,  the  mortgager,  or  any  person  lawfully   maybe 
claiming  under  him,  may  redeem  it  at  any  time  before  it   ^^^  "reach 
is  sold,  by  virtue  of  a  contract  between  the  parties,  or  on   of  condition, 
execution  against  the  mortgager,  or  before  the  right  of  K-S.,187i,c.91„ 
redemption  is  foreclosed,  as  hereinafter  provided,  by  pay-  isre,  c.  63. 

ing  or  tendering  to  the  mortgagee,  or  the  person  holding 
the  mortgage  by  assignment  thereof,  recorded  where  the 
mortgage  is  recorded,  the  sum  due  thereon,  or  by  per- 
forming or  offering  to  perform  the  conditions  thereof  when 
not  for  the  payment  of  money,  with  all  reasonable  charges, 
incurred,  and  the  property,  if  not  immediately  restored, 
may  be  replevied,  or  damages  for  withholding  it  recovered 
in  an  action  of  the  case. 

13.  The   mortgagee   or  his   assignee,   after  condition  Kbticeof 
broken,  may  give  to  the  mortgager,  or  his  assignee,  when   foreclosure, 
his  assignment  is  recorded  where  the  mortgage  is  re-    gervS^^"*"^* 
corded,  written  notice  of  his  intention  to  foreclose  the  R.s.,i87i,c.9i, 
same,  by  leaving  a  copy  thereof  with  the  mortgager  or    ^ 

such  assignee,  or  if  the  mortgager  is  out  of  the  state, 
though  resident  therein,  by  leaving  such  copy  at  his  last 

«  Winchester  v.  Ball,  54  Maine,  558;  Trask  r.  Pennell,  59  Maine,  419. 


122 


CITY  CLERK. 


Sworn  copy  of 
notice  to  be 
recorded. 

Evidence  of 
the  facts. 

Mortgager  out 
of  the  state  to 
appoint  agent 
and  record 
appointment. 

Ibid.  §  5. 


"Holmes 

note." 
R.  S.,  1871.  c. 

Ill,  §  5. 
1874,  c.  181. 

Agreement 
that  personal 
property 
delivered 
when  a  note  is 
given,  shall 
remain  as 
property  of 
payee  till  note 
18  paid  not 
valid  unless 
made  part  of 
note  and 
recorded. 

-Attachment 
how  preserved 
when 
property 
cannot  be 
removed,  &c. 
R.  S.,  1871,  c. 
81,  §  24. 


and  usual  place  of  abode,  or  by  publishing  it  once  a  week, 
for  three  successive  weeks  in  one  of  the  principal  news- 
papers published  in  the  town  in  which  the  mortgage  is 
recorded.  When  the  mortgager  or  his  assignee  of  record 
is  not  a  resident  of  the  state,  and  there  is  no  newspaper 
published  in  such  town,  such  notice  may  be  published  in 
any  newspaper  printed  in  the  county  where  the  mortgage 
is  recorded. 

14.  The  notice  with  an  affidavit  of  service  or  a  copy  of 
the  publication,  with  the  name  and  date  of  the  paper  on 
which  it  was  last  published,  shall  be  recorded  where  the 
mortgage  is  recorded,  and  the  copy  of  such  record  shall 
be  evidence  that  the  notice  has  been  given.  If  the  mort- 
gagee or  his  assignee  is  not  a  resident  of  the  state,  he 
shall  at  the  time  of  recording  such  notice,  record  there- 
with his  appointment  of  an  agent  resident  in  the  same 
town,  to  receive  satisfaction  of  the  mortgage  ;  and  pay- 
ment or  tender  thereof  may  be  made  to  him.  If  he  does 
not  appoint  such  agent,  the  right  to  redeem  shall  not  be 
forfeited. 

15.  No  agreement  that  personal  property  bargained  and 
delivered  to  another,  for  which  a  note  is  given,  shall 
remain  the  property  of  the  payee  till  the  note  is  paid,  is 
valid  unless  it  is  made  and  signed  as  a  part  of  the  note, 
nor  when  it  is  so  made  and  signed  in  a  note  for  more  than 
thirty  dollars,  except  as  between  the  original  parties  to 
said  agreement,  unless  it  is  recorded  like  mortgages  of 
personal  property,  and  on  receipt  of  twenty-five  cents, 
each  town  clerk  shall  record  such  notes  in  a  book  kept  for 
that  purpose. 6 

16.  When  any  personal  property  is  attached,  which  by 
reason  of  its  bulk  or  other  special  cause  cannot  be  imme- 
diately removed,  the  officer  may,  within  five  days  there- 
after, file  in  the  office  of  the  clerk  of  the  town,  in  which 
the  attachment  is  made,  an  attested  copy  of  so  much  of 
his  return  on  the  writ,  as  relates  to  the  attachment,  with 


« Wetherell  v.  Hughes,  45  Maine,  61;  Bicknell  v.  Trickey,  34  Maine,  273. 
In  computing,  the  day  of  the  date  is  to  be  excluded.  Bemis  v.  Leonard,  118 
Mass.  502. 

Sufficient  if  property  cannot  be  moved  without  great  damage.  Cheshire 
Bank  v.  Jewett,  114  Mass.  241. 


CITY  CLERK.  123 

the  value  of  the  defendant's  property  which  he  is  thereby 
commanded  to  attach,  the  names  of  the  parties,  the  date 
of  the  writ,  and  the  court  to  which  it  is  returnable ;  and 
such  attachment  shall  be  as  effectual  and  valid,  as  if  the 
property  had  remained  in  his  possession  and  custody.  The 
clerk  shall  receive  the  copy,  and  note  thereon  the  time  of 
his  receiving  it,  and  enter  it  in  a  book  kept  for  that  pur- 
pose, and  keep  it  on  file  for  the  inspection  of  those  inter- 
ested therein,  for  which  he  shall  be  entitled  to  ten  cents. 

17.  The  lien  on  buildings  and  lots,  in  favor  of  a  person  jj  g^  ^g^j^  ^ 
who  furnishes  labor  and  materials  for  constructing  or  re-    9i,§29. 
pairing,  by  virtue  of  a  contract  with  some  other  person  Lien  on 
than  the  owner  of  the  property,  shall  be  dissolved  unless    itJJ'mu^f y^e  "^ 
the  claimant,  within  thirty  days  after  he  ceases  to  labor    recorded  in 
or  furnish  materials  as  ^foresaid,  files  in  the  office  of  the    ^^^,^^^'^  ?^^^^ 

within  thirty 

clerk  of  the  town  in  which  such  building  is  situated,  a  true    days^ 
statement  of  the  amount  due  him,  with  all  just  credits  See  also,  r,  s., 
given,  together  with  a  description  of  the  property  intended   27, 28. 
to  be  covered  by  the  lien,  sufficiently  accurate  to  identify  i876,  c.  i4o. 
it,  and  the  names  of  the  owners,  if  known,  which  shall     '  '  ' 
be  subscribed  and  sworn  to  by  the  person  claiming  the 
lien,  or  by  some  one  in  his  behalf,  and  recorded  in  a  book 
kept  for  that  purpose,  by  said  clerk,  who  is  entitled  to  the 
same  fees  therefor,  as  for  recording  mortgages. 

18.  When  a  vessel  on  the  stocks  is  attached,  the  attach- 
ment shall  be  made  by  filing  in  the  office  of  the  clerk  of   stocks?^ 
the  town  in  which  such  vessel  is,  within  forty-eight  hours    how^made.' 

thereafter,  a  copy  of  so  much  of  his  return  on  the  writ.  Record  in 

^  •'  clerk's  office, 

as  relates  to  the  attachment,  with  the  name  of  the  plaintiff,  R.  s.,  isti,  c. 

91,  §  10. 
the  name  of  the  person  liable  for  the  debt,  the  description  p,    -  ,, 

of  the  vessel  as  given  in  the  writ,  the  date  of  the  writ,   particulars  for 

'^  enforcing 

the  amount  claimed,  and  the  court  to  which  it  is  returna-    such  lien,  see 

11  111.  i.1  .r.  .,  remainder  of 

Die,  and  by  leaving  a  copy  of  such  certificate  with  one  of   §  10,  also  §§  7, 
the  owners  of  the  vessel,  if  known  to  him  and  residing   c!  1! 
within  his  precinct,  or  with  the  master  workman  thereon.    1880',  c.  243! 

19.  The  clerk'''  is  to  keep  a  book  for  the  purpose  of 

-1*1  ..         .11-.  ,  1.  Record  of  sales 

record  of  sales  of  articles  sold  to  enforce  hens  on  per-    ^f  peieonai 

sonal  property.     And  all  sales  under  laws  of  1876,  c.  99,    property  sold 

are  to  be  recorded.     The  articles  shall  be  correctly  de-   ^^^  ^^ 

7  AUen  V.  Ham,  63  Maine,  532. 


124 


CITY  CLERK. 


1876,  c.  99. 
See  also,  R.  S. 
1871,c.  91.  §38 

1872,  c.  27. 

1873,  c.  125. 

Proprietor's 
records,  how 
preserved. 

R.  S.,  1871,  c. 
56,  §  12. 


Licensing 

Board. 
See  chapter  on 

Innholders ; 

also  R.  8., 

1871,  c.  27. 
R.  S.,  1871,  c. 

62,  §  4. 


Description  of 
cemeteries  to 
be  recorded. 

R.  S.,  1871,  c. 
15,  §  6. 

R.  S.,1871,c.l5. 
1874,  c.  241. 

Pews  deemed 
real  estate. 

Deeds  and 
levies  thereon 
may  be 
recorded  in 
clerk's  office. 

R.  S.,  1871.C.73, 
§29. 

Board  for 

preparing  list 

of  jurors. 
R.  S.,  1871,c. 
.  106,  §  1. 


scribed,  and  the  expenses  of  advertising  and  selling,  and 
the  prices  at  which  they  are  sold,'  and  such  book,  shall  be 
open  to  inspection  of  all.^ 

20.  After  a  final  division  of  lands,^  wharves,  and  other 
real  estate  held  in  common,  the  proprietors  shall  cause 
their  records  to  be  deposited  in  the  office  of  the  clerk  of 
the  town  in  which  some  part  .of  such  lands  lie  ;  and  he 
may  record  votes,  and  certify  copies  of  such  records,  as 
the  proprietor's  clerk  might  have  done  ;  and  the  last  clerk 
chosen,  shall  continue  in  office,  till  the  records  are  so 
deposited. 

21.  The  city  clerk  and  municipal  officers  constitute  a 
licensing  board  of  towns,  and  licenses  are  to  be  recorded 
in  clerk's  office. 

22.  Indentures  of  apprenticesljip  are  to  be  recorded  in 
clerk's  office. 

23.  Cemetery  lot^^  of  not  more  than  half  an  acre,  shall 
bcicxempt  from  attachment  and  execution,  and  unaliena- 
ble and  indivisable  by  the  owners  without  consent  of 
all.  A  written  description  of  it,  attested  by  two  witnesses, 
is  to  be  recorded  in  registry  of  deeds,  or  by  the  clerk  of 
the  town  where  it  is  situated. 

24.  Pews  and  rights  in  houses  of  public  worship,  are 
deemed  to  be  real  estate.  Deeds  of  them,  and  levies  by 
execution  upon  them,  may  be  recorded  by  the  town  clerk 
of  the  town  where  the  houses  are  situated,  with  the  same 
effect  as  if  recorded  in  the  registry  of  deeds. 

25.  The  municipal  officers, ^^  clerk  and  treasurer  of  each 
town,  constitute  a  board  for  preparing  lists  of  jurors,  to 
be  laid  before  the  town  for  their  approval.  Town  may 
strike  out  names,  but  cannot  insert.  Such  board,  at  least 
once  in  three  years,  shall  prepare  a  list  of  such  persons, ^^ 
under  seventy  years  of  age,  qualified  to  serve  as  jurors, 
as  are  of  good  moral  character,  of  approved  integrity,  of 


8  Persons  using  marks  or  devices  for  sale  of  mineral  waters,  &c.,  are  to 
record  in  clerk's  office.    Act  1874,  c.  219. 

9  Fogler  V.  Mitchell,  3  Pickering,  396. 

1"  Woodlawn  cemetery  v.  Everett,  118  Mass.  354. 

11  For  penalty  for  neglect  or  fraud   in  observing  these  provisions,  see  § 
16  and  20.    See  chapter  on  jurors. 

12  Fact  that  a  man  might  have  been  excused  from  serving  as  juror  will  not 
aflfect  a  verdict.    Munroe  v.  Brigham,  19  Pick.  368. 


CITY  CLERK,  125 

sound  judgment  and  well  informed,  and  qualified  as  the  whatmen  shall 
constitution  directs,  to  vote  for  representatives  in  such   jurors. 
towns.     After  the  list  of  jurors  is  approved  by  the  town,  ™8jJ.^4. 
the  board  shall  write  their  names  upon  tickets,  and  place  Clerk  tx)  keep 

jury  box. 

them  in  the  jury  box,  to  be  kept  by  the  town  clerk  ;  and 
the  persons  whose  names  are  in  the  box,  shall  be  liable  to  Tickets  in  box 
be  drawn  and  to  serve  on  any  jury,  at  any  court  for  which    drawn^noe 
they  are  drawn,  once  in  three  years  and  not  oftener,  ex-   y^ar^^ 
cept  as  by  law  provided.  itid.  §  4. 

26.  The  clerk  shall  have  list  of  voters,  provided   by  Checklist. 
law,  at  every  election  of  town  oflScers  which  shall  be  used  ^*  ^''  ^'  *'  ^  ^^' 
as  check  list. 

The  penalty  for  neglect  or  refusal  under  this  section  is  Penalty, 
not  less  than  fifty  nor  more  than  one  hundred  dollars.  jj^J^'  , ,  '^  ^^ 

The  clerk  shall  preserve  the  check  lists  used  at  the  check  list  to  be 
September  election  for  one  year  thereafter  for  the  purpose  cmffied^*^' 
of  furnishing  certified  copies.  ii.Xfi87i,  c.  4, 

The  clerk  shall  transmit  returns  of  votes,  to  secretary  wJJie  subject 
of  State  within  thirty  days  after  election.  S/efectt^'' 

27.  The  clerk  shall  make  a  list  of  all  persons  chosen  Clerk  to  cause 
to  office,  and  deliver  to  a  constable,  and  he  shall  within    g^oned'^ 
three  days  summon  them  to  appear  before  the  clerk  and    before  him  to 
take  the  oath  of  office.  E^lri^^t  c.  3. 

28.  Any  town  officer  may  be  sworn  by  the  clerk.     The  cierkmay 
clerk  may  record  his  own  election,  the  fact  that  he  was    own^electfon. 
sworn,  when  and  by  whom.  ™dj§  f-^^  3 

29.  A  certified  copy  of  the  election  of  city  officers,  on  Election  of 

first  Monday  of  March,  is  to  be  entered  by  city  clerk  on    o^ce^s 

..  J  "  J        J  recorded. 

City  records.  City  charter. 

The  clerk  shall  be  elected  on  second  Monday  of  March    Dec.  13. 
or  as  soon  thereafter  as  may  be.  ^^  charter, 

'  Dec.  6. 

30 .  The  clerk  of  any  city ,  town  or  plantation  in  this  State ,  Appointment 
may  appoint  a  citizen  of  said  city,  town  or  plantation,  his    »* deputy 

,  •  .  *'  *■  '  clerk,  to  do  all 

deputy,    who  may  in  the   clerk's  absence  perform   the    duties, 
duties  of  said  office,  with  the  same  effect  as  if  done  by  i872,c.i7. 
the  clerk.     The  appointment  may  be  made  as  follows  : 

I  hereby  appoint to  perform  the  duties  of  town  clerk 

during  my  absence  from  the  clerk's  office.  , 
Clerk  of  the  town  of 

Said  deputy  shall  be  sworn  to  faithfully  perform  the 
duties  of  his  office  before  he  enters  thereon. 


126  CITY  CLERK. 

Clerk  to  31.  No  city,  town  or  plantatioD  shall  be  entitled   to 

communicate  receive  any  money  from  the  treasurer  of  State  unless  the 
name  of  j  j 

treasurer  to  clerk  thereof  shall  have  previously  communicated  to  the 

treasurer  of  treasurer  of  State  the  name  of  the  person  duly  elected  and 

1879,  c.  148.  qualified  as  treasurer  of  said  city,  town  or  plantation. 

Ordinances. 

1.  The  city  clerk  shall  keep  a  full  record  of  all  the 
doings  of  the  board  of  aldermen,  and  of  all  conven- 

Dutiesofcity  tions  of  the  city  council,  which  record  shall  be  sub- 
Rev.  Orel.  1868.  ject  at  all  times  to  the  inspection  of  the  mayor,  or  of 
any  person  or  persons  authorized  thereto  by  the 
board  of  aldermen,  or  the  city  council.  He  shall 
notify  all  persons  appointed  to  office  by  the  mayor 
and  aldermen,  or  by  the  city  council,  and  he  shall 
give  notice  to  the  cliairmen  of  all  committees,  the 
appointment  of  which  shall  originate  in  the  board  of 
aldermen,  and  shall  transmit  all  papers  to  the  common 
council,  when  necessary  for  their  convenience.  He 
shall  preserve  all  papers  belonging  to  the  city  in 
suitable  files,  prepared  for  the  purpose,  and  shall 
carefully  keep  all  ordinances,  after  they  have  been 
finally  passed,  in  a  book  or  books  to  be  inspected 
from  time  to  time  by  the  mayor  and  members  of  the 
city  council.  He  shall  procure  all  stationery  and  other 
necessary  articles  which  may  be  needed  by  either 
branch  of  the  city  council,  or  any  city  officer,  and 
keep  an  account  thereof,  to  be  laid  before  the  city 
council.  He  shall  draw  bills  and  ordinances,  when 
thereto  required  by  any  committee,  and  perform  such 
other  duties  as  may  be  prescribed  by  the  board  of 
aldermen  or  the  city  council. 

2 .  The  city  clerk  shall  each  year,  as  soon  after  the 
election  of  subordinate  city  officers  as  may  be,  make 

Clerk  to  an  estimate  of  the  amount  of  stationery  and  blank 

sta^oneryand  books  as  far  as  practicable  which  will  be  required  by 
blank  books,    both  branches  of  the  city  council  and  all  officers  of 

Ord.  April  19,  "^ 

1874.  the  city  for  the  current  mmiicipal  year,  and  advertise 


CITY  CLERK.  127 

for  sealed  proposals  for  furnishing  the  same  accord- 
ing to  specifications  furnished  by  the  city  clerk,  in 
the  daily  papers  of  the  city,  three  times  successive- 
ly, at  least  seven  days  before  the  time  limiting  the 
reception  of  such  proposals,  at  which  time  the  city 
clerk  and  city  auditor  shall  examine  all  such  proposals 
and  award  the  contract  to  the  lowest  responsible  bidder 
residing  in  the  city,  and  the  city  clerk  shall  procure 
such  other  necessary  articles  for  said  purposes  which 
may  not  be  furnished  by  contract,  and  keep  an  account 
of  the  same  to  be  laid  before  the  city  council.  i3 

All  ordinances  and  parts  of  ordinances  conflicting 
with  the  provisions  of  this  ordinance,  are  hereby 
repealed. 

^3  For  further  duties  of  clerk,  see  Drains  and  Sewers,  Elections,  City 
Cliarter. 


City  Constable  and 
Messenger. 


Ordinances. 

1.  Duties  of  city  constable  and  messenger. 

2.  To  be  subject  to  orders  of  city  council. 

Duties  of  city  ^'  There  shall  annually  be  appointed  by  the  city 
constable  and  council,  a  Suitable  person  to  be  styled  city  constable 
Rev.  Orel.  1868.  and  messcnger,  who  shall  receive,  deliver,  and  execute 
all  notifications,  summonses,  warrants,  and  precepts, 
issued  by  the  mayor,  the  city  council,  or  either  branch 
thereof,  or  by  any  committee  of  the  same,  and  make 
due  return  of  the  same.  He  shall  prepare  and 
arrange  the  rooms  and  building  in  which  the  city 
council  hold  their  sessions,  and  be  in  constant  attend- 
ance on  the  city  council  when  in  session,  and  under 
the  direction  of  the  mayor,  or  city  clerk,  shall  provide 
fuel,  lights  and  other  things  necessary  for  the  accom- 
modation of  both  branches  of  the  city  council,  or  any 
committee  thereof.  He  shall  receive  and  deliver  all 
notifications  to  officers  elected  by  the  city  council,  or 
by  the  mayor  and  aldermen,  and  he  shall  deliver  all 
notifications  to  committees  when  thereto  requested 
by  the  city  clerk,  or  clerk  of  the  common  council. 

He  shall  perform  the  duties  of  clerk  of  the  market. 
He  shall  have  the  superintendence  of  the  city  hall  and 
city  government  house,  together  with  the  furniture, 
and  see  that  they  are  kept  in  good  condition  and  ready 
for  use.  He  shall  also  prepare  and  make  ready  the 
rooms  which  may  be  selected  for  ward  meetings,  and 
have  the  same  cleaned  and  put  in  order,  after  said 
meetings  are  adjourned. 
Tobesubjectto  2.  The  city  constable  and  messenger  shall  at  all 
orders  of  city  times  be  subiect  to  such  further  orders  as  the  city 

council.  ^  ^  '' 

Ibid.  council  may  make. 


City  Council 


Statute. 

1.     "Municipal  officers,"  what  the  term  includes. 

Ordinance. 
1.     City  council,  stated  meetings  of. 

Statute. 

The  tei-m,  "Municipal  Officers"  shall  be  construed  to  ''Municipal 
include  the  mayor  and  aldermen  of  cities,  the  selectmen    oncers." 

•^  R.  S,,c.2,§4. 

of  towns,  and  the  assessors  of  plantations. ^ 

Ordinance. 

Stated  meeting  of  the  city  council  shall  be  held  on 
the  first  Monday  evening  of  each  month  at  seven  and  ord.juiyi5, 
a  half  o'clock. 

Special  meetings  of  the  mayor  and  aldermen,  and 
common  council,  shall  be  called  by  the  mayor  at  such 
times  as  he  may  deem  expedient,  by  causing  a  notifi- 
cation thereof  to  be  left  at  the  residence  or  usual 
place  of  business  of  each  member  of  the  board  or 
boards  to  be  convened. 

All  ordinances  inconsistent  with  this  ordinance  are 
hereby  repealed. 

'  For  powers  and  duties  of  the  city  council,  see  City  Charter.    For  general 
power  of  municipal  councils,  see  Dillon  on  Municipal  Corporations,  c.  9. 


City  Engineer. 


City  council  to 
choose  city 
engineer. 

Rev.  Ord«  1868. 

City  charter. 


Duties. 
Ibid. 


Same. 

Monuments. 
Ord.  June21, 


Ordinances. 

1.  City  council  to  choose  city  engineer. 

2.  Duties. 

3.  Same.     Monuments. 

4.  Monuments  not  to  be  moved. 

5.  Supervision  of  common  sewers. 

6.  Account  of  expense. 

7.  Plans  of  sewers. 

8.  Mean  tide  elevation. 

9.  Description  of  streets,  drains,  &c. 

1.  There  shall  be  chosen  annually,  and  whenever  a 
vacancy  occurs,  by  the  city  council,  a  city  engineer, 
who  shall  hold  his  office  until  a  successor  is  chosen 
or  he  is  removed.  He  shall  be  removable  at  the 
pleasure  of  the  city  council,  and  shall  receive  such 
compensation  for  his  services  as  said  council  may  from 
time  to  time  determine. 

2.  The  city  engineer,  under  the  direction  and 
control  of  the  mayor  and  aldermen,  shall  have  charge 
of  all  the  plans  of  streets  belonging  to  the  city ;  he 
shall  make  all  surveys,  admeasurements,  and  levels  of 
streets  in  the  city,  and  plans  and  profiles  of  the  same, 
when  thereto  required  as  hereinafter  mentioned,  and 
perform  such  other  surveying  and  engineering  services 
as  may  be  required  by  the  mayor  and  aldermen  or 
any  committee  of  the  city  council.  He  may  appoint 
assistants,  subject  to  the  approval  of  the  mayor  and 
aldermen,  who  shall  receive  such  compensation  as  the 
city  council  may  determine. 

3.  The  city  engineer  when  required,  shall  take  the 
angles  contained  between  different  street  lines,  and 
make  a  record  of  the  same,  as  the  true  lines  of  the 
streets,  and  these  angles  shall  all  have  reference  to  a 


CITY  ENGINEER.  131 

oriven  base  line.  He  shall  cause  monuments  which 
shall  not  be  less  than  five  feet  in  length,  in  the  centre 
of  the  top  of  which  shall  be  a  copper  bolt,  one-half 
an  inch  in  diameter,  and  four  inches  deep  ;  the  centre 
of  the  bolt  shall  be  placed  at  the  intersection  of  lines 
parallel  to,  and  three  feet  distant  from  the  lines  of 
the  street,  at  the  angle  as  well  as  at  the  point  of 
intersectiof!.  The  tops  of  the  monuments  when 
practicable,  shall  be  set  to  the  grade  of  the  sidewalk. 
It  shall  be  the  duty  of  the  commissioners  of  streets 
to  put  down  such  monuments  when  required  to  do  so 
by  the  said  engineer. 

4.  All  ordinances  and  parts  of  ordinances  incon-  Monuments  not 
si  stent   with   this   ordinance   are   hereby   repealed ;    ^  ^®  moved, 
provided  that  all  monuments  so  erected  shall  be  duly 
recorded,  and  no  person  shall  remove  or  cause  to  be 
removed,  any  such  monuments,  without  the  consent 

in  writing  of  the  mayor  and  aldermen  first  obtained, 
under  a  penalty  of  twenty-five  dollars  for  each  off*ence. 

5.  The  city  eno^ineer^  shall,  under  the  direction  of  „ 

'^        ^  '  Supervision  of 

the  mayor  and  aldermen,  take  general  supervision  of  sewers. 
all  common  sewers,  which  are  now  or  hereafter  may  ^^'  ^^'  ^^' 
be  built  and  owned  by  the  city,  or  which  may  be  per- 
mitted to  be  built  or  opened  by  its  authority. 

6.  The  city  engineer  shall  keep  an  accurate  account  city  engineer 
of  the  expense  of  constructing  and  completing  each   to  keep 
public  drain  or  common  sewer  hereafter  built,  and   expense,  and 
within  thirty  days  after  the  completion  of  the  same,    »»t  of  person^ 
he  shall  furnish  to  the  committee  on  drains  and  sewers  ord.  i873,'May 
a  statement  of  such  expense,  together  ^vith  the  loca-   ^^' 

tion,  and  a  profile  description  of  such  drain  or  sewer  ; 
accompanied  with  a  plan  of  all  the  lots  or  parcels  of 
land  benefited  thereby,  which  plan  shall  give  the  size 
and  number,  or  other  sufiicient  description  of  said 
lots,  together  with  the  name  of  the  owner  or  owners, 
if  known. 

>  He  is  ex-officio  superintendent  of  sewers.  See  title  "Drains  and  Sewers." 


132  CITY  ENGINEER. 

City  engineer        7 .  The  Said  citj  engineer  whenever  any  common 

ofTewers  ^"^  scwcr  is  Ordered  to  be  built  or  repaired,  shall  ascer- 

Ord.  1859,  June  tain   its  depth,   breadth,  mode  of  construction  and 

ord.  1868.        general  direction  ;  with  the  dimensions  of  each  lot  of 

land  benefited  thereby,  and  a  list  of  the  owners  of 

the  same ;  and  take  the  plan  thereof,  and  insert  the 

same  with  all  those  particulars  in  a  book  kept  for  that 

purpose  ;  and  shall  ascertain  and  insert  on*such  plan 

all  entries  made  into  such  sewer. 

8.  Mean  tide  elevation,  (as  obtained  by  the  coast 
elevation  to  be  survey,)  shall  be  adopted  as  a  base  line,  from  which 
a  base  line,     all  levcls  taken  by  the  engineer  shall  be  measured, 

and  to  which  all  grades  of  streets,  sewers,  drains,  &c. 
shall  have  reference,  and  points  shall  be  established 
in  different  parts  of  the  city  from  which  the  grades  can 
at  once  be  accurately  obtained. 

9.  Said  engineer  shall  record  in  a  book,  to  be  kept 
for  that  purpose,  marked^  "street  angles  and  distances," 

Descriptibn  of  an  accuratc  description  of  the  angles,  the  points  of 

streets,  drains,  ,..  ,  ,.  r.  i.xt  iji 

sewers,  &c.  to  beginning  and  ending  oi  each  street  line,  and  the 
be  recorded,  distances  between  said  points.  He  shall  also  record 
in  another  book,  marked  "Grades  of  streets,  sewers, 
drains,  c&c."  an  accurate  description  of  all  the  grades 
of  the  streets,  sewers,  drains,  &c.  which  books  of 
record  shall  be  certified  by  him,  and  be  deposited 
among  other  city  records. 

2  Duty  as  to  original  location  of  streets.    Title,  "Streets,"  §  7. 


City  (now)  Market  Hall, 


1.  Proceedings  of  the  town  of  Portland  relating  to  erection 

of  town  hall. 

2.  Use  of  part  of  same  allowed  to  military  companies. 

Ordinance. 

General  charge  of  City  (now  Market)  Hall  to  be  with  mayor. 

PROCEEDINGS   OF   TOWS   MEETING  J 

I.  At   a  town  meeting  held  Monday,  April  25, 
1824,— 

Voted,  That  a  committee  be  appointed  to  report  pyoceediiigs  of 
what  the  buildings  and  lots  of  land  which  form  the   the  t^wn  of 
heater  above  the  hay  scales  and  adjoining  the  town's   reflating  to 
land  can  be  pm-chased  for,  and  also  to  report  a  plan,    erection  of 
and  the  probable  expense  of  erecting  a  suitable  build-  To^recoi-ds, 
ing  there  for  a  market  and  town  hall.  ^oi-  2,  pp.  326' 

At  a  meeting  held  Monday,  August  3,  the  com- 
mittee made  a  report  recommending  the  purchase  of 
the  lands  and  the  erection  of  a  building  for  said 
purposes,  and  the  following  vote  was  passed,  viz  : 

Voted,  To  accept  the  report  so  far  as  relates  to 
purchasing  the  land,  and  erecting  a  building  for  a 
town  hall  and  market,  agreeably  to  the  plan  men- 
tioned in  said  report,  of  a  building  three  stories  high. 

Voted,  To  choose  a  committee  to  carry  into  effect 
the  objects  of  the  foregoing  report  by  making  the 
necessary  purchases  and  contracts,  and  erecting  the 
said  contemplated  building. 

1  This  chapter  Is  inserted  for  its  historical  interest.  The  city  government 
building,  Ijurned  at  the  great  Are  .July  4, 1866,  arid  rebuilt,  takes  the  place 
of  the  old  city  hall  for  most  public  purposes. 


335. 


134  MARKET  HALL. 

Use  of  part  of      U.  At  a  town  meeting  held  March  27,  1826,  it  was 

tommSlT''^       ^oted,  That   the   third  story   in   the   town   hall, 

companies.       (except  for  SO  much  as  has  been  appropriated  for  the 

^^'^'     '       use  of  the  Apprentices'  Library),  be  appropriated  to 

the  use  of  the  several  military  companies  in  town, 

.  and  that  they  have  liberty  at  their  own  expense  to  fit 

up  armories  for  the  deposit  of  their  guns,  &c.  the 

whole  to  be  under  the  direction  of  the  selectmen. 

Ordinance. 
General  charge      The  general  charge  of  the  city  hall  shall  be  lodged 
of  city  hall  to  ^j^-j^  ^j-^^  mayor,  who  may  allow  the  free  use  thereof 
Rev.  ord.  isGs!  for  any  peaceable  assembly  of  citizens,  on  application 
being  made  in  writing  by  seven  legal  voters. 


Clerk  of  the  Common 
Council. 


Ordinance. 
Duty  of  clerk  of  common  council. 

The  clerk  of  the  common  council  shall  keep  a  fiill  Duty  of  cierk 
record  of  all  the  doino:s  of  the  common  council,  which   ®^  common 

o  ^  ^  '  council. 

shall  be  subject  to  the  inspection  of  the  mayor,  Rev.  ord.  ises. 
president  of  the  common  council,  or  any  committee 
of  the  city  council.  He  shall  give  notice  to  the  chair- 
man of  all  committees  of  the  common  council,  and 
he  shall  transmit  all  papers  to  the  board  of  aldermen 
when  necessary  for  their  concurrence.  He  shall 
preserve  all  papers,  which  properly  belong  to  the 
common  council,  and  shall  perform  all  such  duties  as 
may  be  prescribed  to  him  by  the  board  of  common 
council,  or  by  the  city  council. 


Courts. 


SEE   MUNICIPAL   COURT. 


Constables, 


Statute. 
"Wards  to  elect  two  constables  each.    Islands  to  elect  one 
E.^  .18   ,c.  ,§  (jQjjg^aijig     Constable  shall  be  elected  by  towns  at  their  annual 

meetings. 

Wards  to  elect      Qualified  electors  in  each  ward  are  authorized,  at  the 

two  constables  annual  election  holden  for  the  choice  of  mayor  and  alder- 

Ci^^charter,      ^^^'  *^  ^^®^*  *^^  Constables  ;  and  the  inhabitants  of  the 

§§12,13,15.       islands  have  power  to  elect  one  constable,  who  shall  be  a 

Islands  to  elect  j-gsident  on  some  one  of  the  islands, 
one  constable. 


SEE  POLICE. 


Contracts  and  Expend- 
itures. 


Statutes. 

1.  Member  of  city  government  not  to  vote  on   any  question 
,        in  which  he  has  pecuniary  interest. 

2.  Pecuniary  interest  in  any  city  contract  prohibited. 

3.  Enforcement. 

Ordinances. 

1.  Deficiency  of  appropriation.  Contracts  not  to  be  concluded 

when  appropriation  deficient. 

2.  Committees  limited  in  expenditure. 

3.  Contracts  for  blank  books,  stationery,  &c. 

Statutes. 

1.  No  member  of    any  city  government  or  board  of  Members  of 
selectmen  of  any  town,  shall  in  either  board  of  such  city    glJ^emments 
government,  or  in  any  board  of  selectmen,  vote  upon  any    Sonfract?or**" 
question  in  which  he  is  pecuniarily  interested,  directly  or    pecuniTiy^' 
indirectly,  and  in  which  his  vote  may  be  decisive  ;  and  no    {J^f ^'  *** 
action  of    any  city  government  or  board  of  selectmen  ^-  fg'  ^^^«  ^-  ^' 
taken  by  means  of  a  vote  herein  forbidden,  shall  be  legal,  pecuniary 

2.  No  member  of  any  city  government  shall  be  inter-    any?ity 
ested,  directly  or  indirectly,  in  any  contract  entered  into    p?S£t5ted. 
by  such  city  government  while  he  is  a  member  thereof ;  §  ^• 

and  any  contract  made  in  violation  hereof  shall  be  void. 

3.  The  Supreme  Judicial  Court  in  equity,  by  writ  of  p^^^editigs  tc 
injunction  or  otherwise,  may  restrain  proceedings  in  any    enforce, 
town  in  violation  of  the  two  preceding  sections,  upon  ap-  §  ^* 
plication  therefor,  of  ten  or  more  taxable  citizens  thereof. 

Ordinances. 
1.  Whenever  any  committee  or  board  is  authorized  Deficiency  of 
to  make  any  contract^  by  the  city  council,  or  to  ex-  appropriation. 
pend  any  moneys  appropriated  by  the  city  council 

1  For  contracts  for  stationery,  see  ordinances  under  title  "  City  Clerk." 


I 


138 


CONTRACTS  AND  EXPENDITURES. 


Contracts  not 
to  be 

concluded 
when 

appropriations 
are  deficient. 


Committees 
limited  in 
expenditures. 

Ibid. 


'Contracts  for 
blank  books 
and 

stationery. 
Ord.  1874, 
April  19. 


for  any  purpose,  and  the  estimates  for  such  contract 
or  expenditures  shall  exceed  in  amount  the  appro- 
priation specifically  made  for  the  object  thereof,  or 
the  sum  specifically  appropriated  for  any  purpose 
shall  have  been  expended  by  them,  and  for  either 
reason  a  further  appropriation  is  necessary,  such  com- 
mittee or  board  shall  report  to  the  city  council  the 
fact  of  such  deficiency  of  the  appropriation,  a  state- 
ment of  the  cause  or  causes  thereof,  and  an  estimate 
of  the  amount  necessary  to  be  added  to  such  appro- 
priation, and  the  committee  or  board  shall  not  conclude 
such  contract,  or  make  further  expenditure  in  the 
premises,  until  they  shall  be  authorized  so  to  do  by 
the  city  council. 

2.  No  joint  or  special  committee  of  the  city  council 
or  either  branch  thereof,  or  any  board  appointed  by 
them,  shall  have  power  to  make  any  expenditure  from 
the  appropriation  provided  by  the  city  council,  to  an 
amount  exceeding  three  hundred  dollars,  except  where 
otherwise  provided  in  the  laws  of  the  State  or  ordi- 
nances of  the  city,  until  an  estimate  of  the  expenditure 
proposed  shall  have  been  laid  before  the  city  council, 
and  authority  for  such  expenditure  be  first  had  and 
obtained  from  the  city  council. 

3.  That  the  city  clerk  shall  each  year,  as  soon  after 
the  election  of  subordinate  city  officers  as  may  be, 
make  an  estimate  of  the  amount  of  stationery  and 
blank  books  as  far  as  practicable  which  will  be  re- 
quired by  both  branches  of  the  city  council  and  all 
officers  of  the  city  for  the  current  municipal  year, 
and  advertise  for  sealed  proposals  for  furnishing  the 
same  according  to  specifications  furnished  by  the  city 
clerk,  in  the  daily  papers  of  the  city,  three  times 
successively,  at  least  seven  days  before  the  time  limit- 
ing the  reception  of  such  proposals,  at  which  time 
the  city  clerk  and  city  auditor  shall  examine  all  such 
proposals  and  award  the  contract  to  the  lowest  respon- 


CONTRACTS  AND  EXPENDITURES.  139 

sible  bidder  residing  in  the  city,  and  the  city  clerk 
shall  procure  such  other  necessary  articles  for  said 
purposes  which  may  not  be  furnished  by  contract, 
and  keep  an  account  of  the  same  to  be  laid  before 
the  city  council. 

All  ordinances  and  parts  of  ordinances  conflicting 
with  the  provisions  of  this  ordinance,  are  hereby 
repealed. 


Co'ws/ 


Ordinances. 

•     1 .     Cows  not  to  go  at  large. 

2.  Penalty. 

3.  City  marshal  to  prosecute. 

4.  Cows  to  wear  straps  around  the  neck. 

Cows  not  to  go       1.  No  COWS  shall  be  permitted  to  go  at  large,  at  any 
jf^^^^rd  1868  ti^^»  i^  ^^y  o^  *^®  commons,  streets,  lanes,  squares, 

or  alleys  of  the  city. 
Penalty.  2.  If  the  owncr  of  any  cow  shall  suffer  the  same 

Ibid.  to  go  at  large  on  any  common,  street,  lane,  square  or 

^  alley  of  the  city,  he  shall  forfeit  and  pay  a  sum  not 

less  than  one  nor  more  than  five  dollars  for  each 
offence. 
City  marshal         3.  All  informations  and  complaints  for  violation  of 
to  prosecute,    ^j^^  preceding  sections  shall  be  made  to  the  city  mar- 
shal, whose  duty  it  shall  be  to  collect  forthwith  any 
fine  incurred  as  aforesaid,  or  in  default  of  payment 
thereof,  tp  cause  the  owners  of  any  such  cow  or  cows 
to  be  prosecuted  therefor. 
Cows  to  wear        4.  E Very  COW  kept  in  the  city  shall  at  all  times 
straps  around  wear  a  strap  around  the  neck,  of  not  less  than  three 

the  neck* 

inches  in  width,  with  the  name  of  the  owner  and  place 
of  residence  legibly  painted  or  printed  thereon.  And 
for  every  cow  found  running  at  large  without  said 
strap,  the  owner  of  said  cow  shall  forfeit  and  pay  a 
sum  not  less  than  five  nor  more  than  ten  dollars,  to 
be  recovered  by  complaint  before  the  municipal  court, 
one  half  for  the  use  of  the  complainant,  and  the  other 
half  to  the  city. 

1  For  statute  provisions,  see  B.  S.,  1871,  c.  23. 


Ibid. 


Ibid 


Criers. 


Ordinances. 

1.  License  to  be  granted  to  common  criers.    Term  of  license. 

2.  Crying  without  license. 

3.  Criers  to  keep  a  list  of  matters  cried,  &c.     Shall  not  cry 

libelous  matter,  &c. 

4.  Penalty  for  violation. 

1.  The  mayor  and  aldermen  may,  from  time  to  Licensee  to  be 
time,  grant  licenses  to  such,  and  so  many  persons  as   granted  to 
they  may  deem  expedient,  to  be  common  criers  in   criers. 

this  city,  and  such  licenses  shall  continue  in  force  Rev.  ord.  laes. 
until  the  first  day  of  May  next  after  the  date  thereof,  ^®™  °' 

•^  *^  '    license. 

unless  sooner  revoked  by  the  mayor  and  aldermen. 

2.  No  person  shall  be  a  common  crier  within  the  crying  without 
city  of  Portland,  or  cry  any  goods,  wares,  or  mer-    license. 
chandise,  lost  or  found,  stolen  goods,  strays,  or  pub-  i^^<i- 

lie  sales,  in  any  of  the  streets,  squares,  lanes,  or 
market  places  within  the  city,  unless  he  shall  be 
licensed  as  aforesaid. 

3 .  Every  person  so  licensed  shall  keep  a  true  and  cners  to  keep 
perfect  list  of  all  the  matters  and  things  by  him  cried,   ^^^f 
and  the  names  of  the  persons  by  whom  he  was  em-   cried,  &c. 
ployed,  and  subject  to  the  inspection  of  the  mayor  ^^^* 

and  aldermen,  whenever  they  shall  demand  the  same  ; 

J  -in        IT  1  1        •  ShaUnotcry 

and  no  common  cner  shall  publish  or  cry  any  abusive,   ubeious 
libelous,  profane  or  obscene  matter  or  thing  what-   °^««''*c. 
soever. 

4.  *Any  person  who  shall  be  guilty  of  a  violation  p  jj  j^^  ^ 
of  this  ordinance,  or  any  part  thereof,  shall  forfeit  violation. 
and  pay  for  each  offence  a  sum  not  less  than  one  nor  ^^^' 
more  than  ten  dollars. 


Dogs. 


Statutes. 

1.  Towns  may  pass  by-laws.     Owners  liable  for  damage  by 

dogs. 

2.  Dogs  may  be  killed,  when. 

3.  Penalty  for  not  taking  care  of  dangerous  dogs,  after  notice. 

4.  Owner  of  mischievous  dogs  liable  for  injuries. 

5.  Tax  may  be  imposed  on  dogs. 

Ordinances. 

1.  Dogs  not  to  go  at  large  without  license. 

2.  Penalty.     Method  of  recovery. 

3.  Ordinances  repealed. 

4.  City  marshal  to  destroy  unlicensed  dogs. 

5.  Noisy  dogs  to  be  removed.     Penalty  for  non-removal. 

6.  Penalty  for  keeping  unlicensed  dogs. 

Statutes. 

1.  Towns  may  pass  by-laws  to  regulate  the  ffoine:  at 
Towns  may         .  .     .  r^.-      J  wu  a         ^ 

pass  by-laws,    large  of   dogs  within  them.     When  any  dog  does  any 

damage  to  a  person  or  his  property,  his  owner  or  keeper, 

liable  for         and  also  the  parent,  guardian,  master  or  mistress,  of  any 

double  minor  or  servant,  who  owns  or  keeps  such  dog,  shall  for- 

R.^s!!^i87i  C.30  ^^^*  *^  *^^  injured  person  double  the  amount  of  the  dam- 
§  1.  age  done  ;  to  be  recovered  by  action  of  trespass. 

Dogs  may  be         2.  Any  person  may  lawfully  kill  a  dog,  that  suddenly 

killed  that        assaults  him  or  any  other  person  when  peaceably  walking 
assault  any  _    ^  -^  ^  ^  ^  -^  ® 

person,  or  kiu  or  riding,  or  is  found  worrying,  wounding  or  killing  any 

domestic         domestic  animals  out  of  the  enclosure  or  immediate  care 
animals.  .     , 

Ibid.  §  2.  ^^  the  owner. 

Penalty  for  not      3.  Whoever  is  assaulted,  or  finds  a  dog  strolling  out  of 
confining  or     ^he  enclosure  or  immediate  care  of  his  master,  may,  with- 
dangfrous       ^^  forty-eight  hours  thereafter,  make  oath  before  a  justice 
dogs,  after       of  the  peace  that  he  really  suspects  such  dog  to  be  danger- 
ibiifTs  ^"^  ^^  mischievous,  and  notify  his  master  by  giving  him  a 

copy  of  said  oath,  signed  by  the  justice ;  and  if  the 
master  neglects  for  twenty-four  hours  thereafter,  to  con- 
fine or  kill  such  dog,  he  shall  forfeit  five  dollars  to  any 


DOGS.  143 

person  suing  therefor ;  and  if  such  dog  is  again  at  large 
out  of  the  care  of  the  master,  any  person  may  lawfully 
kill  him. 

4.  If  a  dog,  after  notice  given  as  aforesaid,  wounds  owner  of  dog 
any  person  by  a  sudden  assault  as  aforesaid,  or  wounds    assaulting 

,  person,  Ac, 

or  kills  any  domestic  animals,  the  owner  or  keeper  shall    uabie  to  treble 
be  liable  to  pay  the  person  injured  treble  damages  and    damages, 
costs. 

5.  All  dogs  more  than  six  months  old,  shall  be  taxed  Tax  imposed 

one  dollar  in  the  town  where  they  are  kept,  on  the  first    °"  ^^^^>  ^^ 
1  i.     »       -1  1  1  11  towns  so  votC' 

day  of  April  each  year,  to  the  owner  or  person  who  has  r.  §.,  isn,  c.  6, 

them  in  possession  at  that  time,  if  towns  shall  so  vote.        §  7. 

1877,  c.  200. 
'  _       .  1878,  c.  72. 

Ordinances. 

1 .  Every  owner  or  keeper  of  a  dog  shall  annually  Dogs  to  be 
cause  it  to  be  registered,  described,  and  licensed  for   cierk^s  office, 
one  year  in  the  office  of  the  city  clerk,  by  paying  ^^'  ^^'^• 
therefor  to  said  clerk  the  sum  of  twenty-five  cents, 

and  shall  cause  it  to  wear  around  its  neck  a  collar 
distinctly  marked  with  the  owner's  name  and  regis- 
tered number,  and  shall  pay  into  the  city  treasury  for 
such  license  one  dollar. 

2.  Whoever  keeps  a  dog  contrary  to  the  provisions  Penalty, 
of  this  ordinance  shall  forfeit  ten  dollars  to  be  recov- 
ered on  complaint  to  the  use  of  the  city. 

^  "^  Complaint. 

3.  All  fines  and  penalties  provided  in  the  preced- 
ing sections  may  be  recovered  on  complaint  before 
any  court  of  competent  jurisdiction  in  this  city. 

4.  All  other  ordinances  relating  to  licenses  for  dogs  Repeal, 
are  hereby  repealed. 

5.  It  shall  be  the  duty  of  the  city  marshal  to  cause  city  marshal 
all  dogs  to  be  destroyed  which  shall  be  found  at  large   at  ^t^  °^^ 
within  the  city,  w^ithout  a  collar,  as  required  by  these    without 

_  '^  »  ^  J  license  to  be 

ordinances.  destroyed. 

6.  On  complaint  being  made  to  the  mayor,  of  any  ^^*  ^^'  ^^' 
dog  within  this  city  which  shall  by  barking,  biting,    case  any  dog 
howlin«:,  or  in  any  other  way  or  manner  disturb  the   ^^^  disturb 

^]  '^  -^  the  quiet  of 

quiet  of  any  person  or  persons  whomsoever,   the   any  person  by 

barking,  &c. 


Proviso. 


144  DOGS. 

mayor  shall  issue  notice  thereof  to  the  person  owning, 
Ibid.  keeping,  or  permitting  such  dog  to  be  kept ;  and  in 

case  such  person  shall  neglect  to  cause  such  dog  to  be 
forthwith  removed  and  kept  beyond  the  limits  of  the 
city,  or  destroyed,  he  shall  forfeit  and  pay  one  dollar 
for  every  day  during  which  such  neglect  shall  continue 
after  such  notice ;  provided,  that  the  justice  before 
whom  the  complaint  respecting  such  dog  shall  be 
heard  and  tried,  shall  be  satisfied  that  such  dog  had 
in  manner  aforesaid,  disturbed  the  quiet  of  any  per- 
son in  said  city. 
Penalty.  ^*  -^^  ^^^®  ^^J  ^^G  shall  be  found  loose  or  going 

at  large,  contrary  to  any  of  the  foregoing  provisions. 
Ibid.  ^^^  owner  or  keeper  thereof,  or  the  head  of  the  family 

or  keeper  of  the  house,  store,  shop,  office,  or  other 
place  where  such  dog  is  kept  or  harbored,  shall  forfeit 
and  pay  a  sum  not  exceeding  ten  dollars. 


Drains  and  Sewers.' 


Statutes. 

1.  Public  drains ;  construction ;  notice,  expense,  &c. 

2.  Appeal  from  municipal  oflacers. 

3.  Private  drains. 

4.  Lien,  assessments. 

5.  Right  of  redemption. 

6.  City  may  sue  for  non-payment  in  some  cases. 

7.  Certain  acts  repealed. 

8.  General  authority  over  drains.     City  charter. 

Ordinances. 

1.  Proceeding  to  be  conformed  to  act  of  1873. 

2.  Construction,  &c. 

3.  Hearing,  &c. 

4.  Committee  on  drains  and  sewers. 

5.  Sewers  in  center  of  street. 

6.  City  engineer  to  have  general  charge. 

7.  Expenses. 

8.  Private  drains. 

9.  Drains  not  to  be  made  under  sidewalk. 

10.  Drains  not  to  empty  on  surface. 

11.  Water  from  roofs. 


1  Under  R.  S.,  1857,  c.  16,  §  §  2,  3,  as  amended  by  act  1860,  c.  153,  the  muni- 
cipal oflScers  of  Portland  had  a  right  to  construct  a  sewer  with  an  outfall  in 
the  public  dock  below  low  water  mark ;  but  there  is  no  right  te  create  a  nui- 
sance. If  deposits  accumulate  so  as  to  obstruct  navngation,  or  cause  damage 
to  the  owners  of  wharves,  not  common  to  the  public,  it  is  the  duty  of  the 
city  to  cause  same  to  be  removed.  And  if  they  refuse,  they  will  be  guilty 
of  public  nuisance,  and  liable  to  wharf  o>vnei's  in  action  of  tort.  Franklin 
Wharf  Co.  v.  Portland,  67  Maine,  46. 

For  what  act  of  municipal  officer  city  is  liable,  and  as  to  damages,  see 
Darling  r.  Bangor,  68  Maine,  108;  Jackson  v.  Portland,  63  Maine,  55;  Estes 
r.  China,  56  Maine,  407;  Bangor  r.  Lansie,  51  Maine,  521;  Blood  v.  Bangor, 
66  Maine,  154.  As  to  constitutionality  and  general  effect  of  similar  provis- 
ions, to  those  in  this  chapter,  see  9  Cush.  233;  114  Mass,  544;  4  Allen,  41 ;  13 
Gray,  601 ;  110  Mass.  216 ;  see  also,  title  Health,  post.  For  general  laws  on 
this  subject,  see  R.  S.,  1871,  c.  16. 


146 


DRAINS  AND  SEWERS. 


Public  drains 
and  sewers, 
construction 
of,  notice  to 
be  given. 

Private  laws 
1873,  c.  368, 
approved  Feb. 
26, 1873. 


Expense,  how 
maintained. 


Location  to  be 
filed  with 
city  clerk. 


Statutes. 
1.  It  shall  be  the  duty  of  the  muuicipal  officers  of  the 
city  of  Portland,  before  commencing  the  construction  of 
any  public  drain  or  common  sewer,  to  give  notice  of  their 
intention  to  construct  said  drain  or  sewer,  to  appoint  a 
time  and  place  for  a  hearing  in  regard  to  the  same,  and 
give  notice  thereof,  by  publishing  the  same  for  three  suc- 
cessive weeks  in  some  daily  newspaper  published  in  Port- 
land. When  said  drain  or  sewer  is  completed,  they  shall 
adjudge  what  parcels  of  land  are  benefited  by  such  drain 
or  sewer,  and  estimate  and  assess  upon  such  lots  and 
parcels  of  land,  and  against  the  owner  thereof,  if  known, 
such  sum,  not  exceeding  such  benefit,  as  they  may  deem 
just  and  equitable,  towards  defraying  the  expenses  of 
constructing  and  completing  such  drain  or  sewer,  the 
whole  of  said  assessments  not  to  exceed  two-thirds  of  the 
cost  of  such  drain  or  sewer,  and  such  drain  or  sewer  shall 
forever  thereafter  be  maintained  and  kept  in  repair  by 
said  city  ;  such  municipal  officers  shall  file  with  the  clerk 
of  said  city  the  location  of  such  drain  or  sewer,  with  a 
profile  description  of  the  same,  with  the  amount  assessed 
upon  each  lot  or  parcel  of  land  so  assessed,  and  the  name 
of  the  owner  of  each  lot  or  parcel  of  land  if  known,  and 
the  clerk  of  said  city  shall  record  the  same  in  a  book  kept 
for  that  purpose,  and  within  ten  days  after  filing  such 
notice,  each  person  so  assessed  shall  be  notified  of  such 
assessment,  by  having  an  authentic  copy  of  said  assess- 
ment, with  an  order  of  notice  signed  by  the  clerk,  stating 
a  time  and  place  for  a  hearing  on  the  subject-matter  of 
said  assessments,  giving  to  each  person  so  assessed,  or 
left  at  his  usual  place  of  abode  in  said  city  ;  if  he  has  no 
place  of  abode  in  said  city,  then  such  notice  shall  be  giv- 
en to  or  left  at  the  abode  of  his  tenant  or  lessee,  if  he  has. 
one  in  said  city  ;  if  he  has  no  such  tenant  or  lessee  in  the 
said  city,  then  by  posting  the  same  in  some  conspicuous 
place  in  the  vicinity  of  the  lot  or  parcel  of  land  so  as- 
sessed, at  le^ast  thirty  days  before  said  hearing,  or  such 
notice  may  be  given  by  publishing  the  same  three  weeks 
successively  in  any  newspaper  published  in  said  city,  the 
first  publication  to  be  at  least  thirty  days  before  said  hear- 


DRAINS  AND  SEWEBS.  147 

ing ;  a  return  made  of  a  copy  of  such  notice  by  any  con- 
stable in  said  city,  or  the  production  of  the  paper 
containing  such  notice  shall  be  conclusive  evidence  that  ^ 

said  notice  has  been  given,  and  upon  such  hearing  the 
municipal  officers  shall  have  power  to  revise,  increase,  or 
diminish  any  of  such  assessments,  and  all  such  revision, 
increase,  or  diminution  shall  be  in  writing,  and  recorded 
by  such  clerk. 

2.  Any  person  who  is  aggrieved  by  the  doings  of  said 
municipal  officers  in  laying  out  and  constructing  said  ^^^^ 
sewer,  or  in  making  said  assessments,  may  appeal  there- 
from to  the  next  term  of  the  Supreme  Judicial  Court 
which  shall  be  holden  in  the  county  of  Cumberland,  more 
than  thirty  days  from  and  after  the  day  when  the  hearing 
last  mentioned  is  concluded,  excluding  the  day  of  the 
commencement  of  the  session  of  said  court ;  the  applicants 
shall  serve  written  notice  of  such  appeal  upon  the  mayor 

or  city  clerk,  fourteen  days  at  least  before  the  session  of 

the  court,  and  shall  at  the  first  term  file  a  complaint  setting 

forth  substantially  the  facts  in  the  case  ;  either  party  shall 

be  entitled  to  a  trial  by  jury,  or  the  matter  in  dispute  may,  . 

if  the  parties  so  agree,  be  decided   by  a  committee  of    dispute,  how 

reference,  and  the  court  shall  render  such  judgment  and    a'^'isted. 

decree  in  the   premises  as   the  nature  of  the  case  may 

require  ;  at  the  trial  exceptions  may  be  taken  to  the  ruling 

of  the  judge,  as  in  other  cases. 

3.  Any  person  may  enter  his  private  drain  into  any  Private  drains, 
such  public  drain  or  common  sewer  while  the  same  is  ^^^^' 
under  construction  and  before  the  same  is  completed,  and 

before  the  assessments  are  made,  on  obtaining  a  permit 
in  writing  from  the  municipal  officers,  or  the  committee 

.  ^  Lien. 

havmg  the  construction  of  the  same  in  charge  ;  but  after 
the  same  is  completed  and  the  assessments  made,  no  person 
shall  enter  his  private  drain  into  the  same  until  he  has 
paid  his  assessment  and  obtained  a  permit  in  writing  from 
the  municipal  officers.  All  permits  given  to  enter  any 
such  drain  or  sewer  shall  be  recorded  by  the  city  clerk  of 
said  city  before  the  same  is  issued. 

4.  All  assessments  made  under  the  provisions  of  this 

act  shall  create  a  lien  upon  each  and  every  lot  or  parcel  ^»^»8°*«"'«- 


148 


DRAINS  AND  SEWERS. 


For  non- 
payment, 
treasurer  may 
sell  lots. 


Deed. 
Ibid. 


Right  of 
redemption. 
Ibid. 


In  non-pay- 
ment of 

assessments, 
city  may  sue 
parties  in 
some  cases. 


Proviso. 
Ibid. 


of  land  so  assessed,  which  lien  shall  continue  one  year 
after  said  assessments  are  payable,  and  within  ten  days 
after  they  are  made  ;  the  clerk  of  said  city  shall  make 
out  a  list  of  all  such  assessments,  the  amount  of  each 
assessment,  and  the  name  of  the  person,  if  known,  against 
whom  the  same  is  assessed,  to  be  by  him  certified  ;  and  he 
shall  deliver  the  same  to  the  treasurer  of  said  city,  and 
if  said  assessments  are  not  paid  within  three  months  from 
the  date  of  said  assessments,  then  the  treasurer  shall 
proceed  and  sell  such  of  said  lots  or  parcels  of  land  upon 
which  said  assessments  remain  unpaid,  or  so  much  thereof, 
at  public  auction,  as  is  necessary  to  pay  such  assessments 
and  all  costs  and  incidental  charges  in  the  same  way  and 
manner  that  real  estate  is  advertised  and  sold  for  taxes 
under  chapter  six  of  the  revised  statutes,  which  sale  shall 
be  made  within  one  year  from  the  time  said  assessments 
are  made ;  and  upon  such  sale  the  treasurer  shall  make, 
execute,  and  deliver  his  deed  to  the  purchaser  thereof, 
which  shall  be  good  and  effectual  to  pass  the  title  to  such 
real  estate. 

5.  Any  person  to  whom  the  right  by  law  belongs,  may 
at  any  time  within  one  year  from  the  date  of  said  sale, 
redeem  such  real  estate  by  paying  to  the  purchaser  or  his 
assigns  the  sum  for  which  the  same  wa«  sold,  with  interest 
thereon  at  the  rate  of  twenty  per  cent,  per  annum,  with 
costs  for  reconveyance. 

6.  If  said  assessments  are  not  paid,  and  said  city  does 
not  proceed  to  collect  said  assessments  by  a  sale  of  the 
lots  or  parcels  of  land  upon  which  said  assessments  are 
made,  or  does  not  collect,  or  is  in  any  manner  delayed  or 
defeated  in  collecting  such  assessments  by  a  sale  of  the 
real  estate  so  assessed,  then  the  said  city  in  the  name  of 
the  inhabitants  of  said  city,  or  in  the  name  of  such  city, 
may  sue  for  and  maintain  an  action  against  the  party  so 
assessed,  for  the  amount  of  said  assessment  as  for  money 
paid,  laid  out  and  expended,  in  any  court  competent  to 
try  the  same,  and  in  such  suit  may  recover  the  amount  of 
such  assessment  with  twelve  per  cent,  interest  on  the 
same  from  the  date  of  said  assessment,  and  costs  ;  pro- 
vided, however,  that  if  any  lot,  when  sold  in  the  manner 


DRAINS  AND  SEWERS.  149 

before  provided,  shall  not  sell  for  enough  to  pay  the 
amount  of  said  assessment  with  interest  and  cost,  the 
owner  thereof  shall  be  under  no  personal  liability  for  the 
same. 

7.  All  acts  and  parts  of  acts  inconsistent  with  this  act  Certain  acts 
are  hereby  repealed.     This  act  and  repeal  shall  not  apply    repealed, 
to  or  effect  any  drain  or  common  sewer  constructed,  or  ^^d. 
assessment  made,  prior  to  the  approval  of  this  act. 

8.  The  mayor  and  aldermen  of  said  city  may  lay  out, 
make,  maintain  and  repair  all  main  drains  or  common 
sewers  in  said  city,  and  may  assess  upon  the  owners  of  General 

*^  J  .  r  authority. 

the  abutting  lots  and  other  lots  benefited  thereby,  and  city  charter, 
who  shall  enter  the  same  directly  or  indirectly,  a  propor-  March  27, 
tional  part  of  the  charge  of  making  such  main  di*ain  or  *'  ' 
common  sewer,  to  be  ascertained  and  assessed  by  the 
mayor  and  aldermen  of  said  city,  and  by  them  cer- 
tified, after  notice  thereof  given  in  writing  to  the  party 
to  be  charged,  or  by  public  advertisement  for  seven  days 
in  two  daily  papers  in  said  city  ;  but  not  less  than  a  third 
part  of  the  cost  of  such  main  drain  or  common  sewer 
shall  be  paid  by  the  city,  and  shall  not  be  charged  to  the 
abutters.  All  assessments  so  made  shall  constitute  a  lien 
on  the  real  estate  so  assessed,  for  two  years  after  they  are 
laid.  They  shall  be  certified  by  the  mayor  and  aldermen, 
under  their  hands,  to  the  treasurer  and  collector  of  said 
city  and  his  successors,  with  directions  to  collect  the  same 
according  to  law,  and  may,  together  with  all  incidental 
costs  and  expenses,  be  levied  by  sale  of  the  estate  by  him 
or  them,  if  the  assessment  is  not  paid  within  three  months 
after  a  written  demand  of  payment  made  by  him  or  them, 
either  upon  the  person  assessed  or  upon  any  person 
occupying  the  estate — such  sale  to  be  conducted  in  like 
manner  as  sale  for  non-payment  of  taxes  on  land  of 
resident  owners,  and  with  a  similar  right  of  redemption. 
Any  person,  who  may  deem  himself  aggrieved  by  any 
such  assessments,  may  appeal  to  the  Supreme  Court  in 
the  same  manner  as  is  herein  provided  for  appeals  for 
damages  for  laying  out  streets,  which  court  shall  at  the 
first  term  appoint  three  persons  who  may  be  inhabitants 
of  said  city,  to  settle  and  assess  the  share  to  be  charged 
to  such  appellant ;  they  shall  make  a  return  of  their  doings 


150  DRAINS  AND  SEWERS. 

to  said  court,  and  their  decision,  if  accepted,  shall  be  final. 
And  in  case  the  assessment  made  by  the  mayor  and  alder- 
men shall  not  be  reduced  on  such  appeal,  the  city  shall 
recover  costs,  but  otherwise  shall  pay  costs.  Any  person 
who  shall,  directly  or  indirectly,  enter  any  such  main 
drain  or  common  sewer  without  first  obtaining  a  permit 
from  the  mayor  therefor,  shall  be  subject  to  a  fine  not 
exceeding  one  hundred  dollars. ^ 

Ordinances. 

Proceedings  to  1  •  Hereafter^  all  proceedings  relating  to  assessments 
^ein  on  account  of  the  construction  of  public  drains  and 

act  of  1873.       common  sewers,  and  the  collection  of  the  same,  shall 

ord.  May2i,      ^^  ^^  conformity  to  the  provisions  of  an  act  entitled 

1873.  .  . 

"An  act  relating  to  drains  and  sewers,  in  the  city  of 
Portland,"  approved  February  26,  1873.  When- 
ever it  shall  appear  by  the  report  of  the  committee 
on  drains  and  sewers,  that  the  public  interests 
require  the  construction  of  any  public  drain  or 
common  sewer,  the  board  of  mayor  and  aldermen 
shall,  before  proceeding  to  construct  the  same,  appoint 
a  time  and  place  for  a  hearing  in  regard  to  said  drain 
or  sewer,  and  shall  give  notice  of  their  intention  to 
construct  the  same,  and  of  the  time  and  place 
appointed  for  said  hearing,  by  publication  for  three 
successive  wrecks  in  some  daily  newspaper  published 
in  the  city. 

2.  The  city  engineer  shall  keep  an  accurate  account 
Ibid.  of  the  expense  of  constructing  and  completing  each 

Construction,  public  drain  or  common  sewer  hereafter  built,  and 
within  thirty  days  after  the  completion  of  the  same, 
he  shall  furnish  to  the  committee  on  drains  and  sewers 
a  statement  of  such  expense,  together  with  the  loca- 
tion, and  a  profile  description  of  such  drain  or  sewer  ; 

*The  special  act  of  1^54,  c.  77,  was  repealed  so  far  as  it  was  in  conflict 
witli  ttie  city  charter  of  1863,  March  27.  The  special  act  1871,  c.  717,  was 
repealed  so  far  as  relates  to  Portland,  and  so  far  as  in  conflict  with  the  act 
1873,  c.  3(58. 

3  Inconsistent  ordinances  repealed. 


DRAINS  AND  SEWERS.  151 

ticcompinied  with  a  plan  of  all  the  lots  or  parcels  of 
land  l)enefited  thereby,  which  plan  shall  give  the  size 
and  number,  or  other  sufficient  description  of  said 
lots,  together  with  the  name  of  the  owner  or  owners, 
if  known,  and  said  committee  shall  thereupon  deter- 
mine what  lots  or  parcels  of  land  are  benefited  by 
such  drain  or  sewer,  and  shall  estimate  and  assess 
upon  such  lots  or  parcels  of  land  and  against  the 
owners  thereof,  if  known,  such  sum  not  exceeding 
such  benefit  as  they  may  deem  just  and  equitable, 
toward  defraying  the  expenses  of  constinicting  and 
completing  such  drain  or  sewer,  the  whole  of  such 
assessments  not  to  exceed  two  thirds  of  the  cost  of 
such  drain  or  sewer.  Said  committee  shall  report 
their  proceedings  to  the  mayor  and  aldermen  for  their 
action.  Their  report  shall  show  the  amount  assessed 
upon  each  lot  or  parcel  of  land,  the  location,  number, 
or  other  sufficient  description  of  which  shall  be  given, 
together  with  the  name  of  the  owner  or  owners 
thereof,  if  known  ;  and  shall  also  include  the  location, 
and  the  profile  description  of  such  drain  or  sewer. 

3.  If  the  report  of  said  committee  is  accepted,  a 
hearing  shall  be  ordered  thereon,  a  notice  of  which  Hearing,  &c 
shall  be  given  by  publishing  an  authentic  copy  of  said 
assessment,  mth  an  order  of  notice  signed  by  the  city 

clerk,  stating  the  time  and  place  for  a  hearing  upon 
the  subject  matter  of  said  assessments,  three  weeks 
successively  in  any  newspaper  published  in  this  city, 
the  first  publication  to  be  thirty  days  before  said 
hearing,  and  such  further  proceedings  shall  thereupon 
be  had  as  are  provided  in  this  act. 

4.  There  shall  annually  be  appointed,  a  committee  committee  on 
of  the  mayor  and  aldermen,  to  be  called  the  committee    sewers  to  be 

1      •  1  .  .  ^     1  1  A    appointed. 

on  drams  and  sewers,  to  consist  ot  three  members  of  Rev.  ord.  isss, 
the  board  of  mayor  and  aldermen.  ?uy™harter.  ^ 

9 


152  DRAINS  AND  SEWERS. 

Sewers  to  be  5.  All  commoii  sewers  which  shall  be  considered 

built  in  centre  i       ^  i  i     i  i  •  j         , 

of  street.        necessarv  by  the  mayor  and  aldermen  in  any  street  or 

0rd.jviay26,     highway,  shall  be  laid,  as  near   as  possible,  in  the 

Rev.  Orel.  1868.  Centre  of  such  street  or  highway,  shall  be  built  by 

contract  or  otherwise  at  the  expense  of  the  city,  of 

such   dimensions,    and    of    such    materials,    as    the 

committee  on  drains  and  sewers  or  the  mayor  and 

aldermen  shall  direct. 

City  engineer        6.  The  city  engineer  shall,  under  the  direction  of 

Ibid  ^^.J'®^^^^"  the  mayor  and  aldermen,  take  general  supervision  of 

all  common  sewers,  which  are  now  or  hereafter  may 

be  built  and  owned  by  the  city,  or  which  may  be 

permitted  to  be  built  or  opened  by  its  authority. 

7.  One-third  part  of  the  cost  of  all  main  drains  or 

sewers,  which  shall  be  constructed  under  the  direction 

of  the  mayor  and  aldermen,  shall  be  paid  by  the  city. 

apportioned     ^^^  remaining  two-thirds  of  the  same  shall  be  assessed 

between  city     upou  the  pcrsous  and  estatcs  deriving  benefit  there- 

andabuttors.  .       .  ,  ,. 

Ibid.  §  4.  from,  apportioning  the  assessment  according  to  the 

In  part  repeal-  jm^ijei.  Qf  square  feet  in  each  lot  of  land  thus  bene- 

ed  by  Ord.  of  ^ 

May  21, 1873,     fitcd.     But  iio  part  of  the  cost  of  constructing  the 
supra.  culverts  required  for  such  drain  or  sewer  shall  be 

charged  to  the  abuttor .  No  sewer  shall  be  built  unless 
sufficient  surety  be  given  to  the  city  by  the  owners  of 
the  abutting  lands,  that  one-half  of  the  assessments 
made  shall  be  paid  to  the  city  within  one  year  from 
the  completion  of  such  sewer,  except  in  cases  where 
the  committee  on  drains  and  sewers  shall  decide  that 
the  direct  interest  of  the  city  requires  that  a  sewer 
shall  be  built. 
Private  drains.  ^-  All  private  drains  which  shall  hereafter  enter 
Ibid.  into  such  public  sewer  shall  be  built  of  such  materials 

as  the  mayor  and  aldermen  shall  direct,  and  shall  be 
laid  under  the  direction  of  the  mayor  and  aldermen, 
or  by  some  person  by  them  appointed  ;  and  they  shall 
be  laid  in  such  direction,  of  such  size,  with  such 
descent,  and  (where  required)  with  such  strainers  as 


DRAINS  AND  SEWERS.  153. 

they  shall  require,  and  in  such  manner  as  they  shall 
determine. 

9 .  Xo  person  shall  sink  or  lay  any  drain  or  aqueduct 

under  any  sidewalk,  or  nearer  such  sidewalk  than  the   g^nk^under 
outer  edge  of  the  gutter  of  such  street,  under  a  penalty   sidewalks, 
of  not  less   than  ten  nor  more   than   fifty   dollars,  i*enaity. 
provided  that  nothing  herein  contained  shall  prevent 
any  person  from  constructing  a  sewer  from  his  land 
or  premises  to  the  public  sewer. 

10.  No   person  shall  let  out  or  empty  upon  the 

t>  I*  i         i     1  n  n        1      •         Drains  not  to 

surface  ot  any  street,  lane,  or  alley,  any  cellar  dram,    empty  upon 
sink  drain,  or  other  drain,  so  that  the  water  shall  flow   surface, 
therefrom  on  to  the  street,  lane  or  alley,  under  a  j^^^^^!^* 
penalty  of  ten  dollars  for  each  offence,  and  the  further 
sum  of  ten   dollars  for  each  month  that  such  drain 
shall  be  so  continued  to  be  let  out  or  emptied  as 
aforesaid. 

11.  It  shall  be  lawful  for  all  persons  having  care  of 
any  buildings,  at  their  own  expense,  to  carry  the  rain 


Water  from 
roofs. 


water  from  the  roofs  of  said  buildings  into  any  public 
sewer,  free  of  any  charge  from  the  city,  provided  i^w.  §  9. 
that  the  same  be  done  by  light  water  spouts  or  tubes 
under  ground,  and  under  the  direction  of  the  mayor 
and  aldermen. 4 


*  The  last  eight  sections  are  modified,  though  not  repealed  by  Ord.  May  21, 
1873,  supra. 


Elections. 


Statutes. 

1.  Qualifications  of  electors.     Exceptions. 

2.  Electors  exempt  from  arrest  on  days  of  election. 

3.  "  "  "     military  duty,  when. 

4.  Time  of  State  election.     Biennial  election. 

5.  Who  are  legal  voters. 

6.  Assessors,  when  to  prepare  lists  of  voters. 

7.  Selectmen  to  prepare  corrected  lists. 

8.  Time,  &c.,  of  holding  meeting  to  correct  lists. 

9.  Aldermen  to  be  in  session,  when,  in  cities  of  more  than 

1000  voters. 

10.  Aldermen  to  be  in  session  four  days,  in  cities  of  more  than 

10,000  voters. 

11.  List  of  voters  to  be  posted,     Kemovals. 

12.  Lists  to  be  deposited  with  the  clerk,  and  posted.    Names 

not  to  be  added  or  stricken  out,  except,  &c. 

13.  Papers  of  naturalization.     Duties  of  selectmen. 

14.  Mode  of  warning  meetings  for  election  of  governor,  &c. 

15.  Time  of  opening  polls. 

16.  What  votes  shall  be  on  one  list. 

37.  Check  list  required.     Ballot  box,  one  only  allowed. 

18.  Votes  to  be  on  clean  white  paper. 

19.  Adjournment  of  meeting,  when  no  choice  of  representa- 

tive is  efiected. 

-20.  Meetings  for  choice  of  certain  officers,  how  regulated. 

21.  Result  of  ballotings,  how  ascertained, 

22.  Clerk  to  transmit  returns  to  secretary  of  State. 

-23.  County  attorney  to  be  notified,  if  return  not  received. 

24.  Loss  of  returns,  how  supplied. 

25.  Oath  to  be  made  to  copy  of  record. 

26.  Certificate,  how  sealed  and  returned. 

27.  Vacancies,  how  filled. 

28.  Check  lists  to  be  preserved  by  clerks. 

.29.  Ballot  boxes,  how  constructed.     Votes,  how  received. 

30.  Penalties  in  certain  cases. 

31.  Electors  in  cities  to  meet  in  wards. 
.32.  Warden,j)roeem.  may  be  chosen. 


ELECTIONS.  155 

33.  In  cities,  representatives,  how  voted  for. 

34.  "      '*      if  no  choice,  further  meetings. 

3").  "      wardens,  and  clerks  of  wards,  how  elected. 

36.  Penalty  for  neglect  of  duty  by  selectmen. 

37.  "  **  *'  to  issue  warrant. 

38.  "  "  *'  of  constable  to  summon  voters. 

39.  ♦*  "  "  to  deposit  and  post  lists. 

40.  "  "  "  to  keep  check  lists,  or  to  reject  illegal 

votes. 

41.  Penalties,  how  recoverable. 

42.  Penalty  for  municipal  ofllcers  striking  off  names  without 

notice. 

43.  Penalty  for  erasing  lists,  fraudulent  voting,  &c. 

44.  "        "  neglect  to  supply  lost  return. 

45.  "        "    making  false  certificate. 

46.  "        "   neglect  to  deliver  returns  to  secretary  of  State. 

47.  County  Attorney  to  prosecute  for  willful  negligence  in 

delivering  returns. 

48.  Liability  of  town  officials  limited. 

49.  Punishment  for  misconduct  of  voters. 

50.  "  "  bribery  and  corruption. 

51.  "  "  intentionally  voting  where  not  entitled. 
62.     Betting  at  elections  prohibited  and  punished. 

53.  Mayor  or  treasurer  to  sue  for  penalty. 

54.  Money  paid  on  wager  to  be  recovered  by  action  on  the  case. 

55.  Conveyances  by  reason  of  wager  to  be  Void. 

56.  Island  wards.     Election  of  certain  officers  therein. 

57.  Mode  of  determining  election  of  certain  officers. 

Ordinances. 

1.  Form  of  warrants  for  ward  meetings. 

2.  Warrants  for  ward  meetings  to  be  served  by  constables 

and  returned. 

3.  Form  of  warrants  for  general  meetings. 

4.  Warrants  for  general  meetings  to  be  served  by  constables 

and  returned. 

5.  Time  of  opening  and  closing  polls. 

Statutes. 

1.  Every  malei  citizen  of  the  United  States  of  the  age  Q^ai^^ations 
•^  ®       of  electors, 

of  twenty-one  years  and  upwards,  excepting  paupers,^  Exceptions. 

persons  under  guardianship,  and  Indians  not  taxed,  having  Const,  of  Maine 
his  residence  established  in  this  State  for  the  term  of  three 

1  Opinion  of  justices,  44  Maine,  507,  and  68  Maine,  589,  592;  State  v.  Sy 
monils,  57  Maine,  148;  Holt  r.  Holt,  58  Maine,  564. 

*  For  construction  of  the  question  as  to  who  are  debarred  as  "  paupers" 
see  Opinion  of  Justices,  7  Maine,  497. 


156 


ELECTIONS. 


Written  ballot. 


Soldiers  and 
seamen  in  the 
United  States 
service. 

Students  at 
colleges  and 
academies. 

Resolve  of  1864. 
Amendment, 

Art.  X,  to 

the  Const. 
Electors 

exempt  from 
arrest  on  days 

of  election. 
Const.  Art.  2. 

§2. 
And  from 

military  duty. 
Ibid.  §  3. 

Time  of 

election. 
Ibid.  §  4,  and 

amendment  of 

1879. 
Biennial 

elections. 
Amend,  to 

const.  1879. 

Who  are  legal 

voters. 
R.  S.,  1871,  c.  3, 

§9. 


Assessors  to 
prepare  lists 
of  voters  and 
deliver  to  the 

.selectmen. 


months  next  preceding  any  election,  shall  be  an  elector 
for  governor,  senators  and  representatives,  in  the  town  or 
plantation  where  his  residence  is  so  established  ;  and  the 
elections  shall  be  by  written  ballot. ^  But  persons  in  the 
military,  naval  or  marine  service  of  the  United  States,  or 
this  State,  shall  not  be  considered  as  having  obtained  such 
established  residence  by  being  stationed  in  any  garrison, 
barrack  or  military  place,  in  any  town  or  plantation  ;  nor 
shall  the  residence  of'  a  student  at  any  seminary  of  learn- 
ing entitle  him  to  the  right  of  suffrage  in  the  town  or 
plantation  where  such  seminary  is  established. 

No  person  however  shall  be  deemed  to  have  lost  his 
residence  by  reason  of  his  absence  from  the  State  in  the 
military  service  of  the  United  States,  or  of  this  State. 

2.  Electors  shall,  in  all  cases,  except  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  on  the 
days  of  election,  during  their  attendance  at,  going  to,  and 
returning  therefrom."* 

3.  No  elector  shall  be  obliged  to  do  duty  in  the  militia 
on  any  day  of  election,  except  in  time  of  war  or  public 
danger. 

4.  The  election^  of  governor,  senators  and  representa- 
tives, shall  be  on  the  second  Monday  of  September 
biennially^  forever.  The  governor,  senators  and  repre- 
sentatives in  the  legislature,  shall  be  elected  biennially, 
and  hold  office  two  years  from  the  first  Wednesday  in 
January  next  succeeding  their  election. 

5.  Every  person,  who  is  qualified  by  the  constitution 
of  this  State  to  vote  for  governor,  senators  and  represen- 
tatives, in  the  town  in  which  he  resides,  is  entitled  to  vote 
in  the  election  of  all  town  officers,  and  in  all  the  business 
affairs  thereof. 

6.  In  every  town,  where  the  selectmen  are  not  the 
assessors,  the  assessors  on  or  before  the  first  day  of  August 
in  each  year  in  which  an  election  for  governor,  senators 
and  representatives  is  held,  shall   prepare  a  list  of  the 

3  Printed  ballots  are  "  written"  ballots,  7  Maine,  492.  For  law  as  to  dis- 
tinguishing marks,  see  Opinion  of  Justices,  54  Maine,  602,  and  70  Maine,  567. 

<  He  must  be  actually  on  the  way.    Hobbs  v.  Getchell,  8  Maine,  187. 

6  Constitutional  amendment  so  as  to  elect  the  Governor  hj  plurality/ iuateaA 
of  majority.    Resolves,  1880,  c.  159,  adopted  by  people  September  13, 1880. 

«  Biennial  elections  provided  for.  Resolves  1879,  c.  151,  adopted  by  people 
September  9, 1879. 


ELECTIONS.  ^  157 

persons  they  judge  to  be  constitutionally  qualified  to  vote  R.  s.,  i87i,  c.  i, 
therein  in  the  election  of  governor,  senators,  and  repre-    l^^^^ ^^^' 
sentatives,  and  deliver  it  to  the  selectmen  for  their  in- 
formation. 

7.  The  selectmen'^  of  every  town,  on   or  before  the 
eleventh  day  of  August  in  each  year,  in  which  an  election  selectmen  to 
for  governor,  senators  and  representatives  is  held,  shall    prepare  a 
prepare  a  corrected  list  of  persons  qualified  as  aforesaid.  ^^^^^  ^^' 

8.  They  shall  be  in  session  at  some  convenient  time  and    isso,  c.  239. 
place,  by  them  notified  in  the   warrant  for  calling  the 
meeting  in  such  town,  on  the  secular  day  next  preceding  iiineand 
the  dav  of  annual  election  of  town  officers  in  the  month    ™a"nerof 

•^  holding 

of  March,  or  on  the  morning  of  the  day  of  election,  to  meetiDgsto 

hear  and  decide  upon  the  applications  of  persons  claim-  correct  Ust  of 

ing  to  have  their  names  entered  upon  said  list ;  and  such  r,  §.,  i87i,  c.  4, 

session  when  held  on  a  secular  day  preceding  the  day  of  §  i-'  °o^ 

election  shall  continue  at  least  three  hours,  and  when  held  ci^es. 

on  the  day  of  election  shall  continue  until  the  election  of  see  §  10,  of  tws 

town  officers  required  by  law  to  be  elected  by  ballot  shall  ^  ^^ 
have  been  completed. 

9.  In  cities  containing  one  thousand  and  more  qualified 
voters,  the  aldermen  ^all  be  in  session  on  each  of  not  * 
less  than  three  secular  days  next  preceding  any' day  of  ijjoo  voters, 
election  when  a  list  of  voters  is  required,  at  some  central  voters, 
and  convenient  place,  to  receive  evidence  of  the  qualifica-  in  session  to 
tions  of  voters  whose  names  are  not  on  the  lists  ;  and  on  receive 
satisfactory  evidence  produced  at  such  session,  they  shall  pgrso^  °°  ^ 
enter  the  name  of  the  person  qualified  on  the  list  for  the  claiming  a 
proper  ward.     And  no  application  shall  be  received  after  ^^'^^o*® 

*       *  *  ^  three  days 

the  hour  of  five  o'clock,  afernoon,  on  the  secular  day    precetUng 

next  preceding  said  day  of  election,  and  no  names  shall    election. 

be  added  to  the  lists  of  voters  on  the  day  of  election  by 

certificate  or  otherwise.  In  cities  containing  a  less  number  g^  ^^^j 

of  voters,  the  aldermen  shall  hold,  prior  to  the  day  of    section  for 

election,  the  same  number  of  sessions  for  receivinsr  such    P^*^y*"^°» 

^  apphcable  to 

evidence,  as  selectmen  of  towns  having  a  similar  number    Portland. 

of  inhabitants  are  required  to  hold.     For  the  purposes 

of  this  section,  three  aldermen  shall  be  a  quorum.    Notice  ^^ 

^  Three  to  be  a 

of  the  times  and  places  of  all  sessions,  required  by  this   q  uorum. 

*  This  statute  is  directory.  Non-compliance  with  some  of  its  provisions 
does  not  invalidate  an  election.  Mussey  r.  White,  3  Maine,  290;  Capen  v. 
Foster,  12  Piek.  485. 


158  ELECTIONS. 

Notice  of  and,  the  preceding  section,  shall  be  given  in  the  warrant 

given  in  for  calling  ward  meetings.     In  all  elections  in  cities,  the 

Po5s'\o\e  polls  shall  be  open  until  four  o'clock,  afternoon,  and  then 
closed  at  four  ,         ,         , 

o'clock.  be  closed. 

R.  s.,  c.  4,  §  46.  ^^  In  cities  containing  more  than  ten  thousand  inhab- 
Aldermenof       .,,,,,,  n     n  t       .  •  i        ^ 

cities  of  ten     itants,  the  aldermen  shall  be  m  open  session  on  each  oi 

thousand  j^q^  jggg  ^jj^n  f our  secular  days  next  preceding  any  day  of 
inha  ^^"'»'      election,  when  a  list  of  voters  is  required,  at  some  con- 

or  morGj  to  oc 

in  session /owr  vcnient  place,  to  receive  evidence  of  the  qualifications  of 
days  to  voters  whose  names  are  not  on  the  list ;  and  on  satisfactory 

eridenceof  evidence  produced  at  such  session,  they  shall  enter  the 
qualifications  names  of  the  persons  qualified  on  the  list  for  the  proper 
,ol^^*to^'        ward ;  and  for  said  purposes  said  aldermen  shall  be  in 

18(8,  c.  /3,  1        r- 

amending        session  from  nine  to  twelve  o'clock  in  the  forenoon,  and 

1876, c.  107.  from  two  to  five  o'clock  in  the  afternoon  on  each  of  said 
No  names  shall  .  .  •    •         i  , 

be  entered  on   days ;   and  m  Cities  containing  less  than  ten  thousand 

the  list  of  inhabitants  the  aldermen  shall  be  in  open  session  on  each 
and^town^^^^^  ^^  ^^^  ^^^^  ^^^^  three  secular  days,  for  the  purposes 
having  one  provided  in  this  section.  In  all  towns,  cities  not  included, 
thousand  or     jja^yjjjor  one  thousand    or   more    registered    voters,   the 

more  ^  ^  ' 

registered  municipal  officers  thereof  shall  receive  applications  of 
voters,^  except  pgygQ^g  claiming  a  right  to  vote,  on  the  three  secular  days 

on  the  three       ^  &  »  '  j 

secular  days     next  preceding  the  day  of  election,  and  no  application 

preceding        shall  be  received  after  the  hour  of  five  of  the  clock  in  the 

E^xceptions.       afternoon  on  the  secular  day  next  preceding  said  day  of 

R.  s.,  1871,  c.  4,  election  ;  and  no  name  shall  be  added  to  the  list  of  voters 

§16,1878,0.62.  ^^  ^j^g  ^^y  ^^  election,  by  certificate  or  otherwise,  except 

such  as  were  upon  the  list  of  the  previous  year,  and  have 

•     been  inadvertently  omitted  by  the   selectmen ;  and  no 

■  change  shall  be  made  in  names  except  to  correct  clerical 

errors  therein. 

List  of  voters         1 1 .  In  all  cities  having  more  than  one  thousand  legal 

resident  in        voters  therein,  it  shall  be  the  duty  of  the  aldermen  thereof 

p^^d indues  *^  P^^*  "P  ^^  ^^^^  public  place  in  each  ward,  a  true 

having  more     printed  or  written  list  of  tlie  legal  voters  resident  in  said 

than  one  ward,  at  least  seven   days   previous  to  the  day  of  any 

thousand  '  ./a 


voters.  election.      No    qualified   elector   who   has  removed   his 

residence  from  one  ward  to  another  in  any  city  within  the 
sixty  days  next  preceding  any  election,  shall  vote  at  such 
election  in  the  ward  to  which  he  has  removed,  but  his 


ELECTIONS.  159 

name  may  be  placed  on  the  check  list  of  the  ward  from 
which  he  has  removed,  and  he  may  vote  therein. 

12.  On  or  before  the  twentieth  day  of  August  in  each  year  ^g^g  ^^  y^ 

iu  which  an  election  for  governor,  senators  and  represen-   deposited  with 

tatives  is  held,  the  selectmen  shall  deposit  in  the  office  of   *^og^(^°^ 

the  town  clerk,  an  alphabetical  list  of  voters  thus  prepared  r.  s.,  i87i,  c.  4, 

and  revised,  and  post  up  a  similar  list  in   one  or  more    §*• 

public  places  in  the   town.     After  such   lists   are   thus 

prepared,  deposited  with  the  clerk,  and  posted  up,  the 

selectmen  shall  not  add  thereto,  nor  strike  therefrom,  the 

name  of  any  person,  except  in  open  session   on  one  of  Names  not  to  be 

the  days  prescribed  by  law  for  receiving  evidence  of  the   added  or 

qualifications  of  voters ;  nor  shall  they  strike  from  said    »*^<^'^®'^  ^^^' 
.  ''  except  as 

list  the  name  of  any  |>erson  residing  in  the  town,  without   provided. 

notice  first  given  to  him  that  his  right  to  vote  is  ques-  ^-  ^•'  ^^^'  ^-  *» 

tioned,  and  an  oi)portunity  for  a  hearing  on  one  of  such  see  §§39  and 

days.     But   at   any   regular   session   for  receiving  such   ^^>po«*' 

.  ,  ^,  ,      ]^  ^     ^^      ^  ,       i.  /.  Names  may  be 

evidence,  the  selectmen  shall  place  on  the  list  of  voters,    added  at 
the  name  of  every  person  known  by,  or  proved  to  them    regular 
to  be  so  qualified,  whether  he  applies  therefor  or  not.  evidence. 

13.  When  a  person  of  foreign  birth  exhibits  papers  of 
naturalisation,  issued  to  him  in  due  form  by  a  court  hav-  Selectmen, 
ing  jurisdiction,  to  the  selectmen  of  his  town,  if  satisfied   ^gpecting 
of  their  genuineness,  and  that  such  person  is  entitled  to   papers  of 
vote,  they  shall  approve  such  papers  by  a  written  indorse-  naturalization, 
ment  thereon,  with  the  date  thereof,  signed  by  one  of 

them ;  register  in  a  book  kept  for  that  purpose,  the  name 
of  the  person,  the  date  of  the  papers,  the  date  of  approval, 
and  the  name  of  the  court  by  which  they  were  issued ; 
cause  the  name  of  such  person  to  be  entered  on  the  list  of 
voters ;  and  continue  his  name  on  the  successive  lists  so 
long  as  he  continues  to  reside  there  and  is  in  other  respects 
qualified  to  vote.  If  they  are  of  opinion,  that  such  papers 
are  not  genuine,  or  were  not  issued  to  the  person  present- 
ing them,  or  that  he  is  not  for  other  cause  a  legal  voter, 
they  shall  not  approve  them  or  perform  the  other  acts 
required  ;  but  he  shall  not,  by  their  refusal  to  approve  his 
papers,  or  to  enter  his  name,  be  deprived  of  his  right  to 
vote,  upon  satisfactory  proof  of  it. 

14.  The  selectmen  of  every  town,  by  their  warrant, 
shall  cause  the  inhabitants  thereof,  qualified  by  the  con- 


160  ELECTIONS. 

Mode  of  stitution,  to  be  notified  and  warned,  seven  days  at  least 

warning  before  the  second  Monday  of  September,  biennially,  to 

meetings  for  -  ^  ^  *^ 

election  of       meet  at  some  suitable  place,  designated  in  said  warrant, 

governor,  &c.  to  give  in  their  votes  for  governor,  senators  and  repre- 

1880,  c.  239.        sentatives,  as  the  constitution  requires,  and  such  meeting 

shall  be  warned  in  the  manner  legally  established  for 

/  warning  other  town  meetings  therein. 

15.  No  such  meeting  shall  be  opened  before  ten  o'clock 
Time  of            in  the  forenoon  on  the  day  of  election,  unless  the  number 

opening  ^f  yoters  in  such  town  exceeds  five  hundred  ;  if  it  does, 

meeting,  and 

of  closing        an  earlier  and  suitable  time  in  the  day  may  be  appointed 

same  in  certain  jjjy  ^he  selectmen.     In  all  elections  for  the  choice  of  State 

tOWDS. 

E.  s.,  1871  c.  4  officers  and  of  electors  of  president  and  vice  president  of 
§  18.  the  United  States,  in  towns  and  plantations  having  more 

closing  in  thsui  five  hundred  and  less  than  five  thousand  inhabitants, 
certain  towns,  if  the  time  is  not  otherwise  fixed  by  law,  the  polls  shall 

be  kept  open  until  five  o'clock  in  the  afternoon  and  then 

be  cjfosed. 

16.  At   every   meeting  for  the   choice   of    governor. 
What  votes        senators,  representatives,  and  other  public  officere  requir- 

shaiibeonone  ^^^  ^^^  j-j^^  qualifications  in  the  electors,  the  selectmen 
R.  s.,  1871,  c.  4'  or  other  officer  presiding  shall  require  the  electoils  to  give 
f J^'  ^     ^         in  their  votes  for  the  officer  or  officers  to  be  chosen  on  one 

What  votes  on 
one  list,  list  or  ballot,  or  so  many  of  such  officers,  as  the  voter 

determines  to  vote  for  ;  designating  the  intended  office  of 

each  person  voted  for. 

17.  The  selectmen  or  other  officers  presiding  at  any 
Check  list         election  shall  keep  and  use  the  check  list  herein  required 

require  .         ^^  ^^^  polls  during  the  election  of  any  such  officers  ;  and 

prescribed;       have  and  use  suitable  ballot  boxes  to  be  furnished  at  the 

Ibid.  §25.  expense  of  the  town,  and  no  vote  shall  be  received  unless 

One  ballot  box  delivered  by  the  voter  in  person,  nor  until  the  presiding 

only  allowed.    Qgj^jgj.  qj.  officers  have  had  an  opportunity  to  be  satisfied 

of  his  identity,  and  shall  find  his  name  on  the  list  and 

mark   it  and  ascertain  that  his  vote  is  single  ;  nor  shall 

more  than  one  ballot  box  be  used  for  receiving  votes  at 

any  election  at  any  one  time. 

Votes  to  be  on        l^-  ^o  ballot  shall  be  received  at  any  election  of  State 

white  paper     or  town  officers,  unless  in  writing  or  printing  upon  clean 

marks.  white  paper  without  any  distinguishing  mark  or  figures 

Ibid.  §29.  thereon,  besides  the  name  of  the  person  voted  for,  and 


ELECTIONS.  161 

the  oflBces  to  be  filled,  but  no  vote  shall  be  rejected  on  this 

account,  after  it  is  received  into  the  ballot  box. 

19.  When  at  a  town  meeting  held  for  the  election  of 

representatives  to  the  State  legislature,  by  reason  of  two  when  no  choice 

or  more  persons  havinor  an  equal  number  of  votes,  a  choice   °'  representa- 

J  ,      .  „     ,  .  ,  .   ,      tive  is  effected 

is  not  effected  of  any  or  all  the  representatives  to  which    meeting  shall 

the  town  is  entitled,  the  meeting  shall  be  adjourned  to  the   be  adjourned 

OI16  \P66lc  flnd 

same  day  of  the  week  following,  and  to  the  same  hour   fj-ojn  ^ggj.  ^^  . 

and  place  at  which  the  first  meeting  was  called ;  and  at    week, 

such   adjourned  meeting,  the  voters  shall  give  in  their 

votes  for  so  many  representatives   as  are  necessary  to 

make  up  the  number  to  which  said  town  is  entitled  ;  and 

like  adjournments  shall  be  had  until  the  full  number  is 

elected. 

20.  All  town  meetings,  requiring  to  be  held  for  the 
election  of  county  treasurer,  of  register  of  deeds,  or  of         . 

i)X€6Liu^s  lor 

representatives  to  Congress,  or  of  electors  of  president   choice  of 
and  vice-president  of  the  United  States,  or  for  the  deter-  certain  officers 

•      J.-  J-  ■  ,  ,      .        ,  ,  ,       and  for 

mination  or  questions  expressly  submitted  to  the  people   determining 
by  the  legislature,  as  to  calling,  notifying  and  conducting   questions, 
them,  shall  be  subject  to  the  regulations  made  in  this 
chapter  for  the  election  of  governor,  senators,  and  repre- 
sentatives, unless  otherwise  provided  by  law. 

21.  In  order  to  determme  the  result  of  any  election^ 

u       T    11    ^      .Li  1  ,  ,  ,  Kesultspf 

by    ballot,    the  number  of  persons   who  voted   at   such   baiiotings, 

election,  shall  first  be  ascertained  by  counting  the  whole    ^^^ 

number  of  separate  ballots  given  in,  which  shall  be  dis-  i^ir§32.^^ 

tinctly  stated,  recorded,  and  returned.  No  person  ineligible  i^tt,  c.  213. 

to  the  office  shall  be  declared  elected  ;  but  votes  cast  for  ^^^'  ^'  ^' 

such  person  shall  be  counted  to  determine  whether  any 

person  has  received  the  necessary  number  of  all  the  votes 

cast.     In  case  of  representatives  to  congress,  and  to  the 

State  legislature,  registers  of  deeds,  county  and   State 

officers,  except  where  a  different  rule  is  prescribed  in  the 

constitution,  the  person  or  persons,  not  exceeding   the 

number  to  be  voted  for  at  any  one  time  for  any  such 

office,  having  the  highest  number  of  votes  given  at  such 

election,  shall  be  declared  to  be  elected,  and  the  governor 

«  See  amendment  to  State  Constitution,  Articles  rn  and  ix,  and  Opinion  of 
Justices,  70  Maine,  560. 


162 


ELECTIONS. 


Clerk  to 

transmit 

returns  of 

votes  to 

Secretary  of 

State. 
Ibid.  §  33. 


shall  issue  a  certificate  thereof.  If  by  reason  of  two  or 
more  of  the  persons  having  the  highest  number  of  votes 
receiving  an  equal  number,  the  election  of  the  requisite 
number  of  officers  cannot  be  declared,  without  declaring 
more  than  the  requisite  number  elected,  no  one  of  those 
having  an  equal  number  of  votes  shall  be  declared  to  be 
elected.  In  all  other  cases  no  person  shall  be  deemed  or 
declared  to  be  elected  who  has  not  received  a  majority  of 
the  whole  number  of  votes  counted  as  aforesaid  ;  and  if 
a  number  greater  than  is  required  to  be  chosen  receive  a 
majority  of  the  whole  number  of  votes  so  given,  the 
number  so  required  of  those  who  have  the  greatest  excess 
in  votes  over  such  majority,  shall  be  declared  to  be  elected. 
If  the  number  to  be  elected  cannot  be  so  completed,  by 
reason  of  any  two  or  more  of  such  persons  having  received 
an  equal  number  of  votes,  the  person  having  such  equal 
numbers  shall  be  declared  not  elected.  In  all  cases  not 
otherwise  provided  for,  if  no  person  eligible  to  the  office 
receives  the  requisite  number  of  votes  to  elect  hhn,  then 
the  governor  shall  order  a  new  election ;  provided,  how- 
ever, that  nothing  contained  in  this  section  shall  be 
construed  to  give  the  governor  and  council  any  authority 
to  determine  questions  of  eligibility  in  cases  of  senators 
and  representatives  to  the  legislature. 

22.  The  clerk  of  each  town  shall  deliver  or  cause  to  be 
delivered  at  the  office  of  the  secretary  of  State,  the  returns 
of  votes  given  in  his  town,  for  governor,  senators,  repre- 
sentatives to  the  legislature,  representatives  to  Congress, 
electors  of  president  and  vice  president  of  the  United 
States,  and  for  county  officers,  within  thirty  days  next 
succeeding  any  meeting  for  their  election,  or  shall  deposit 
them,  post  paid,  in  some  post  office,  directed  to  the  sec- 
retary of  State,  within  fourteen  days  after  such  meeting, 
to  be  transmitted  by  mail ;  and  shall  also  forward,  as  soon 
as  practicable,  to  such  office  a  statement  attested  by  him 
of  the  number  of  votes  for  said  several  officers,  given  at 
such  election  in  his  town,  which  shall  be  opened  and  filed 
by  the  secretary,  and  kept  for  the  examination  of  the 
public. 

23.  If  any  such  return  is  not  received  by  the  secretary 
of  State  within  thirty  days  next  after  such  meeting,  he 


ELECTIONS.  163 

shall  forthwith  notify  the  county  attorney  of  the  county  county 

in  which  such  town  is  situated,  who  shall  give  immediate  ^"j^J^^^j^***  ^ 

notice  thereof  to  the  clerk  of  such  town,  and  unless  he  retumnot 

receives  satisfactory  evidence,  that  said  clerk  has  complied  received, 

with  the  requirements  of  the  preceding  section,  he  shall  J?^.^,*^"'^' 
prosecute  for  the  penalty  hereinafter  provided. 

24.  When  any  such  original  return  is  in  any  way  lost  loss  of 

or  destroyed,  the  selectmen  and  clerk  of  such  town,  on  returns,  how 
receiving  information  of  such  loss  or  destruction,  shall  j^^l.^^. 
forthwith  cause  a  copy  of  the  record  of  the  meeting  at 
which  such  vote  was  given,  to  be  made  with  their  certifi- 
cate upon  the  same  sheet,  that  it  is  a  true  copy  of  the 
record,  that  it  truly  exhibits  the  names  of  all  persons 
voted  for,  for  the  offices  designated,  and  the  number  of 
votes  given  for  each  at  such  meeting,  and  that  said  copy 
contains  all  the  facts  stated  in  the  original  return. 

25.  The  selectmen  and  town  clerk,  who  were  present  oathtobe 

at  the  meetino;  and  siojned  the  original  return,  shall  sign    made  to  copy 
.^  .    ^  .  .  -,  of  record. 

the  certificate  mentioned  in  the  preceding .  section ,  desig-  ndd.  §  36. 
nating  their  office  against  their  names  as  in  the   original 
return,  and  make  oath  that  said  copy  and  certificate  are 
true,  before  some  justice  of  the  peace  of  the  county,  who 
shall  make  certificate  of  such  oath  on  the  same  paper. 

26.  Such  copy  and  certificate  shall  then  be  sealed  up, 

and  directed  to  the  secretary  of  the  State,  with  the  nature  how  sealed 

of  the  contents  written  on  the  outside ;  and  the  clerk  of  ^^^^  returned, 

such  town  shall  cause  the  same  to  be  delivered  into  the  ^^'^'  ^  ^^' 
office  of  the  secretary  of  State,  as  soon  as  may  be. 

27.  When  the  selectmen  of  any  town,  not  classed  with  vacancies  how 
others  as  a  representative  district,  by  any  means  have  filled  in  towns 
knowledge  that  the  seat  of  a  representative  thereof  has  "rpresente-'"'' 
been  vacated  by   death,  resignation,  or  otherwise,  they  Uves. 

shall  forthwith  issue  their  warrant,  giving  at  least  seven  '^^^-S^^- 
days'  notice,  for  a  meeting  of  the  electors  of  said  town  to 
fill  such  vacancy  ;  and  at  such  meeting  the  like  proceed- 
ings shall  be  had,  as  at  any  meeting  held  on  the  second 
Monday  in  September  for  the  like  purpose. 

28.  The  clerks  of  towns  shall  preserve  the  check  lists  check  lists  to 
used  at  the  September  elections,  for  one  year  thereafter  be  preserved 
without  alteration,  and  shall  -furnish  to  any  person  an    ^^^nrand^L 


164 


ELECTIONS. 


furnish 

certified 

copies. 

Ibid.  §  26. 

See  Ibid, 
and  14 


§§13 


Ballot  boxes, 

how 

constructed 

and  used. 
Votes,  how 

received. 
Officers,  duties 

of. 
Ibid.  §  27. 


Penalties  in 
certain  cases. 
—  how 
recovered. 

Ibid.  §  28. 


Electors  in 
cities  to  meet 
in  wards. 

Ibid.  §  39. 


Warden  to 
preside. 


Warden 

pro  tempore 

maj-  be 

chosen. 
Ibid.  §  40. 


In  cities,  names 
of  representa- 
tives on  same 
lists  as  other 
officers. 

Ibid.  §  43. 


exact  and  certified  copy  thereof  within  twenty  days  after 
demand  and  the  payment  or  tender  of  the  legal  charges 
therefor,  under  the  penalty  provided  in  section  fifty-one 
of  chapter  four  of  the  revised  statutes. 

29.  The  ballot  boxes  used  at  elections,  shall  be  covered 
at  the  top  with  only  a  slide  opening,  and  such  slide  shall 
not  be  opened  till  the  name  of  the  person  offering  his  vote, 
is  found  and  checked  on  the  list,  and  then  shall  be  shut 
till  another  voter  presents  himself,  and  his  name  is  found 
and  checked ;  and  if  the  presiding  oflficer  or  oflScers  do 
not  comply  with  these  requirements,  they  shall  be  subject 
to  the  penalties  provided  in  section  fifty-one  of  chapter 
four  of  the  revised  statutes. 

30.  Any  penalties  provided  for  in  the  two  preceding 
sections  hereof  or  in  said  chapter  four  of  the  revised 
statutes,  iij  case  the  treasurer  refuses  or  neglects  for  ten 
days  after  written  request  of  any  voter  to  commence  a 
suit  therefor,  may  be  recovered  by  said  voter  in  a  suit  in 
his  own  name  to  the  same  uses  as  specified  in  said  chapter 
four. 

31.  For  all  the  purposes  mentioned  in  chapter  four, 
sections  seventeen  and  thirty-one,  of  the  revised  statutes, 
the  inhabitants  of  cities  shall  meet  as  the  constitution 
requires,  in  ward  meetings,  to  be  notified  and  warned,  as 
town  meetings  for  similar  purposes  are.  The  warden  shall 
preside  ;  the  clerk  shall  make  such  record  as  the  constitu- 
tion requires  ;  and  the  city  constables  shall  preserve  order. 

32.  If  the  warden  is  absent  from  any  such  meeting,  or 
refuses  or  neglects  to  preside,  a  warden  pro  tempore  shall 
be  chosen,  and  during  such  choice  the  ward  clerk  shall 
preside  ;  and  the  warden  pro  tempore  accepting  the  trust, 
shall  be  duly  sworn,  and  have  the  power  and  perform  the 
duties  of  warden  of  such  meeting,  and  be  liable  to  like 
penalties. 

33.  In  voting  for  representatives  to  the  State  legislature 
in  the  wards  of  a  city,  the  names  shall  be  on  the  Same 
ballot  with  the  other  oflScers  to  be  chosen  at  the  meeting 
by  voters  of  like  qualifications,  unless  the  board  of  alder- 
men in  their  warrant  notifying  the  meeting  require  a 
separate  ballot  or  ballots,  which  they  may  do. 


ELECTIONS.  165 

34.  TVhen  a  choice  of  any  such  representative  is  not  if  no  choice, 
effected,  the  aldermen  shall  call  new  meetings  of  the  wards    ^^^^^ 

"  .  meetings, 

for  the  purpose,  to  be  held  at  the  same  time,  within  two  ibid.§44. 

weeks  after  any  former  meeting  ;  and  the  like  proceedings 

shall  be  had  at  such  meetings,  as  at  the  first,  until  a  choice 

is  effected. 9     And  when  the  aldermen  of  a  city  by  any 

means  have  knowledge  that  the  seat  of  a  representative 

therein  has  been  vacated  by  death,  resignation,  or  other-  Vacancies  by 

wise,  they  shall  call  meetings  of  the  ward  for  the  purpose    *^®^^^'  ^"^ 

Oilier  Wise 

of  filling  such  vacancy  ;  and  like  proceedings  shall  be  had  see  also  ibid, 
at  such  meetings  as  at  other  meetings  for  the  election  of  §§38 and  47. 
representatives. 

35.  At  the  annual  election  for  the  choice  of  mayor  and 
aldermen  in  the  several  cities  of  this  State,  the  qualified 

electors  in   each  ward   shall   by   written   ballot   elect  a  YieSs^n^^^^ 
warden  and  clerk,  who  shall  enter  on  the  duties  of  their   cities,  how 
respective   offices  on  the  Monday   next   following  their  ®^^^*®d- 
election,  and  shall  hold  their  offices  for  one  year  there-   office  of 
from,  and  until  others  shall  have  been  chosen  and  qualified  ^-  S-.c.  3,  §26. 
in  their  places. 

66.  If  any  selectman,  or  other  town,  city,  or  planta- 
tioni*^  officer,  or  any  such  officer   chosen   pro  tempore, 
wilfully  neglects  or  refuses  to  perform  any  of  the  duties  ^egieSto*'^ 
requu'ed  of  him,  or  wilfully  does,  authorizes,  or  permits   perform  duties 
to  be  done,  any  thing  prohibited  by  the  constitution  or  by    '^^'^^^^^  ^^ 
by  law,  he  shall  for  each  offence,  forfeit  not  less  than  r.  s.,  c.#,  §  5i. 
fifty,  nor  more  than  five  hundred  dollars,  and  be  impris- 
oned in  jail,  not  more  than  nine,  nor  less  than    three 
months,  except  where  otherwise  expressly  provided. 

37.  If  the  aldermen  of  cities,  selectmen  of  towns,  or  penaitvfor 

assessors  of  plantations  neglect  to  issue  their  warrant  as    neglect  of 

requii-ed  by  law  for  a  meeting  for  the  choice  of  State  or   ™^^^^p^i 
*'  ^  officers  to 

county  officers,  representatives  to  the  legislature,  or  to  issue  warrants 

Congress,  or  of  electors  of  president  and  vice-president   for  meetings 
of  the  United  States,  they  shall  each  forfeit  fifty  dollars   offi^rr^  ^' 

to  their  city,  town,  or  plantation,  to  be  recovered  in  an  „     ,_  ^ 

*  Penalty,  how 

tction  of  debt  by  the  treasurer  thereof,  or  by  any  citizen   recovered, 

thereof  when  said  treasurer  is  a  member  of  the  delinquent   *°*^  ^^ 

board  '^*''''"' 

""'"'^^*  Ibid.  §  §  52,63. 

» Opinion  of  Justices,  70  Maine,  supra. 

"  State  V.  Small,  10  Maine,  109;  Capen  v.  Porter,  12  Pick.  490. 


166 


ELECTIONS. 


Penalty  for 
neglect  of 
constable  to 
summon 
voters. 


Penalty  for 
wilful  neglect 
to  be 

recovered  by 
indictment. 

Ibid.  §  53. 


Penalty  for 
neglect  to 
deposit  and 
post  lists. 

Ibid.  §  54. 


Penalty  for 
neglect  to 
keep  check 
lists,  or  to 
reject  illegal 
votes. 

Ibid.  §  55. 


Penalties,  how 
recoverable. 
Ibid.  §  56. 


Penalty  for 
municipal 
officer  striking 
names  from 
list  without 
notice. 

Ibid.  §  57. 


Penalty  for 
altering, 


38.  If  any  constable  or  other  person  legally  required 
to  summon  the  voters  of  a  city,  town,  or  plantation  to 
assemble  at  any  meeting  for  the  choice  of  any  officers 
mentioned  in  the  preceding  section,  neglect  to  do  so,  or  to 
make  due  return  of  the  warrant  therefor,  he  shall  forfeit 
twenty-five  dollars  to  his  city,  town,  or  plantation  for  each 
offence,  to  be  recovered  as  provided  in  the  preceding  sec- 
tion ;  but  if  he  wilfully  neglects  or  refuses  to  do  so,  he 
shall  forfeit  not  less  than  fifty,  nor  more  than  two  hun- 
dred dollars,  half  to  the  State  and  half  to  the  prosecutor, 
to  be  recovered  by  indictment. 

39.  If  the  selectmen  of  a  town  or  assessors  of  a  plan- 
tation wilfully  neglect  to  deposit  a  list  of  the  voters  with 
the  town  or  plantation  clerk,  and  to  post  up  such  lists,  as 
are  herein  before  required,  they  shall  each  forfeit  not  less 
than  fifty,  nor  more  than  one  hundred  dollars  ;  and  for 
each  day's  neglect  after  the  twentieth  day  of  August,  and 
until  the  election  then  next  ensuing,  they  shall  each  for- 
feit thirty  dollars. 

40.  If  such  selectmen  or  assessors  wilfully  neglect  or 
refuse  to  keep  and  use  a  check  list,  as  provided  in  section 
twenty-five,  chapter  four,  of  the  revised  statutes,  or  wil- 
fully receive  any  vote  prohibited  by  section  twenty-nine, 
they  shall  each  forfeit  not  less  than  fifty,  nor  more  than 
one  hundred  dollars. 

41.  The  penalties  in  the  two  preceding  sections  may  be 
recovered  in  an  action  of  debt,  in  the  name  and  to  the 
use  of  the  town  or  plantation  where  the  offence  is  com- 
mitted, to  be  commenced  and  prosecuted  to  final  judg- 
ment at  the  request  of  ^any  voter  therein,  by  the  treasurer, 
unless  he  is  one  of  the  delinquent  oflficers,  and  in  that  case, 
by  one  of  the  constables. 

42.  If  any  municipal  officer  strikes  from  the  list  of 
voters,  after  it  is  prepared  and  posted,  the  name  of  any 
person  residing  in  the  town,  without  the  notice  and  oppor- 
tunity for  hearing  provided  by  law,  he  shall  forfeit  not 
less  than  twenty,  nor  more  than  one  hundred  dollars,  to 
be  recovered  in  an  action  on  the  case  by  the  person  whose 
name  was  struck  out. 

43.  If  any  person  wrongfully  alters,  erases,  or  muti- 
lates any  name  on  a  list  of  voters,  or  fraudulently  votes 


ELECTIONS.  167 

in  the  name  of  another,  or  under  an  assumed  name,  he    ^^^^^S;  or 

'  '  mutilating 

shall  forfeit  the  sum  named  in  the  preceding  section,  half   ^^"^.t^,?"  t^^ 
to  the  use  of  the  prosecutor,  and  half  to  the  State,  and    and  for  voting 

m  the  name  ot 
be  imprisoned  not  more  than  six  months  in  iail.  another, 

^  •'  Ibid.  §  5S. 

44.  If  any  selectman  or  other  officer  of  a  city,  town, 

or  plantation,  or  any  such  officer  chosen  pro  tempore  wil-  penalty  for 
fully  neglects  or  refuses  to  perform  the  duties  required  by    neglecting  to 
sections  thirty-five,  thirty-six  and  thirty-seven  of  chapter    return, 
four  of  the  revised  statutes,  on  notice  of  the  loss  and  i^i^i-  §  59. 
destruction  of  any  return  therein  described,  he  shall  for- 
feit not  less  than  one  hundred,  nor  more  than  five  hun- 
dred dollars. 

45.  Any  such  selectman  or  other  officer,  permarient  or 

pro  temjyore,  who  in  such  case  makes  a  false  certificate  Penalty  for 
and  makes  oath  to  its  truth,  shall  suffer  the  punishment    ^rt/fi^te^  ^^ 
provided  against  the  crime  of  perjury,  and  be  disqualified  iwd.  §60. 
from  holding  any  office  under  the  constitution  and  laws  of 
the  State  for  ten  years. 

46.  If  a  person,  to  whom  the  returns  of  votes  of  any 

city,  town,  or  plantation,  for  governor,  senators,  or  rep-  Penalty  for 
resentatives   in   Congress,   are   entrusted   by   the    clerk    "^?J^?l^.l 
thereof  to  be  forwarded  to  the  office  of  the  secretary  of    whom  returns 
State,  wilfully  neglects  to  use  all  proper  means  for  their    are  entrusted 
delivery  within  the  time  required,  he  shall  forfeit  not  less    them. 
than  one  hundred,  nor  more  than  five  hundred  dollars,  or  iwd.  §6i. 
be  imprisoned  in  jail  not  less  than  two,  nor  more  than  six 
months. 

47.  Every  county  attorney,  who  receives  from  the  sec- 
retary of  state  a  certificate  that  the  return  of  the  votes  of  any  County 
town,  city,  or  plantation  in  his  county,  for  governor,  sen-    pTOsmuefor 
ators,  or  representatives  in  congress,  has  not  been  duly    wilful 
received  at  the  secretary's  office,  shall  immediately  ascer-    ^^^iigence  in 

•^  '  '^  delivering 

tain,  so  far  as  he  can,  by  the  default  of  what  officer  or    returns, 
person  such  neglect  happened,  and  demand  of  him,  if  he  ^^^^-  §  ^•• 
finds  such  default  wilful,  or  caused  by  culpable  negligence, 
the  sum  thereby  forfeited ;  and  if  it  is  not  immediately 
paid,  he  shall  prosecute  such  delinquent  according  to  law. 

48.  In  no  case,ii  except  as  in  sections  fifty-two  and  fifty- 
three,  chapter  four  of  Revised  Statutes,  ^hall  any  officer 

"  state  V.  Small,  10  Maine,  109,  stipra;  Harlow  v.  Young,  37  Maine,  88. 

10 


168  ELECTIONS. 

Liability  of       of  a  citj^  towii  or  plantation,  incur  any  punishment  or 


town  officers 
limited 


penalty,  or  be  liable  in  damages,  by  reason  of  his  official 
But  neglect  to  acts  or  neglects,  unless  they  are  unreasonable,  corrupt,  or 
^  umTrimie  s  '^ilf^^lly  oppressive  ;  but  the  neglect  to  prepare  the  list  of 
contrary  is  voters  ;  to  deposit  it  in  the  town  clerk's  office  ;  to  post  it 
shown.  up  jjg  required  herein  ;  to  call  town,  city,  or  plantation 

Ibid.  §63.         ....     \         .      r  ^ 

meetings  for  elections  ;  to  cause  returns  of  votes,  or  copies 
thereof,  to  be  delivered  into  the  office  of  the  secretary  of 
state,  as  required  by  the  constitution  and  laws ;  or  to 
make  the  records  by  law  required,  shall  be  deemed  wiflul 
and  unreasonable,  unless  the  contrary  is  shown. 

49.  At  any  meeting  for  the  election  of  any  public  offi- 
cer, ^^  where  a  list  of  voters  is  necessary,  if  any  person 
for  misconduct  willfully  votes  before  the  presiding  officer  has  had  an  op- 

of  voters.         portunitv  to  find  his  name  on  said  list,  or  knowing  that  it 
Ibid.  §64.  :  ^  .^  .1,^   n        •  ^1  4.   X 

IS  not  on  it,  or  willfully  gives  any  false  answer  or  state- 
ment to  the  selectmen  or  other  officers  when  previously 
preparing  such  list,  or  presiding  at  such  meeting,  in  order 
that  his  name  may  be  entered  on  such  list,  or  his  vote 
received  ;  or  casts  more  than  one  vote  at  one  balloting  ; 
or  is  disorderly  at  such  meeting,  he  shall  forfeit,  for  each 
offence,  not  exceeding  one  hundred,  nor  less  than  ten 
mmtil officers  dollars.     If  any  officer  of  the  militia  parades  his  men,  or 
for  parades  on  exercises  any  military  command  on  a  day  of  election  of  a 
ibid^Tes-  ^^^   public  officer,  as  described  in  section  one  hundred  and 
two,  of  chapter  ten  of  the  revised  statutes  and  not  thereby 
excepted,  or  except  in  time  of  war  or  public  danger,  he 
shall,  for  each  offence,  forfeit  not  less  than  ten,  nor  more 
Penalty.  than  three  hundred  dollars.     The  penalties  in*  this  sec- 

ibid.§66.  ^^^^^  j^^y  1^^  recovered  by  indictment,  half  to  the  use  of 

the  State,  and  half  to  the  use  of  the  prosecutor. 

Punishment  50.  If  any  person  by  bribery,  menace  or  willful  false- 

fndcolSion  •^^^^'    ^^    ^^^^^  Corrupt    means,   directly   or  indirectly 

at  elections,     attempts  to  influence  any  voter  of  this  state  in  giving  his 

™8i  ^  ^42^""'^    ^^^^^  ^^  ballot,  or  to  induce  him  to  withhold  it,  or  disturbs 

or  hinders  him  in  the  free  exercise  of  his  right  of  suffrage 

12  Fraudulent  voting,  &c.  State  v.  Bailey,  21  Maine,  62 ;  State  v.  Boying- 
ton,  56  Maine,  $12;  Commonwealth  v.  Bradford,  9  Met.  269;  Commonwealth 
V.  Silsby,  9  Mass.  417. 


ELECTIONS.  169. 

at  any  election  held  under  the  provisions  of  the  constitu- 
tion or  of  this  chapter,  or  if  any  person  shall  receive  or 
offer  to  receive  a  bribe  for  his  vote  as  aforesaid,  he  shall 
be  fined  not  more  than  five  hundred  dollars,  or  impris- 
oned not  more  than  one  year,  and  be  ineligible  to  any 
oflSce  in  this  state  for  ten  years. 

51.  If  a  person,  at  an  election  of  state  and  county,  or  punishment 

municipal  officers,  or  of  electors  of  president  and  vice-    f  or  intention- 
ally voting 
president,  knowingly  votes  in  any  city,  town,  or  planta-    where  not 

tion  where  he   has  no  legal  right  to  vote,   he  shall  be    entitled. 

punished  by  imprisonment  in  the  county  jail  not  less  than  ^-  ^•'  ^-  *'  §  ^^• 

three  months,  nor  more  than  one  year. 

52.  No  personi^  shall  make  any  bet  or  wager  upon  the 

result  of  any  election  of  persons  to  be  voted  for  in  this    g^ecJ^on" 
state  for  any  office  or  place,  in  money  or  in  any  kind  of    prohibited 
property,  real  or  personal,  under  penalty  of  forfeiting  the  j^id  Ho^^^^ 
money  or  property  so  bet  or  wagered,  to  the  city,  town  or 
plantation  in  which  he  resides,  or  if  he  does  not  reside  in 
this  State,  then  to  the  city,  town  or  plantation  in  which 
the  bet  or  wager  is  made,  to  be  recovered  in  an  action  on 
the  case. 

53.  The  mavor  of  the  city,  or  the  treasurer  of  the  town 

''  Mayor  or 

or  plantation  entitled  to  such  forfeiture,  shall  forthwith    treasurer  to  > 
proceed  to  sue  for,  and  recover  it  as  soon  as  they  have    s^e  for 
proper  evidence  of  such  betting  or  wagering.  j^ijj,  §  70, 

54.  Any  partv  to  such  bet  or  waojer,  who  has  paid  over 

.       .  o      7  i  Money  paid  om 

or  conveved  to  the  winning  party  the  money  or  property    wager  to  be 

^   ^     -  J  .^  •.  1  •  recovered  by. 

SO  bet  or  wagered,  may  recover  it,  or  its  value,  in  an    action  on  Oie: 

,,  case. 

action  on  the  case.  ibid.  §  71. 

55.  All  conveyances,  by  deed  or  otherwise,  of  any  in-  conveyances 
terest  in  real  estate,  made  by  reason  of  any  such  bet  or    by  reason  of 
wager,    are  absolutely  void ;    the  person  making  them,    ^^|*^  ^ 
shall  forfeit  the  full  value  of  the  interest  so  conveyed  to  value  forfeited*, 
the  city,  town  or  plantation  entitled  to  the  forfeiture  for    ^  ^^^^  ^^ 
such  betting  or  wagering,  to  be  recovered  as  aforesaid.       \yj\,  §  72, 

56.  The  several  islands  within  the  city  of  Portland,    see  also  §31, 
shall  80  far  constitute  two  separate  wards  as  to  entitle  the   of  this  chapter, 
legal  voters  of  each  of  said  wards  to  choose  a  warden,        • 

ward  clerk  and  one  constable,  who  shall  be  residents  on 

"  Wormell  r.  Eustis,  45  Maine,  357;  Gihnore  r.  Woodcock,  69  Maine,  118; 
and  70  Maine,  494. 


.170 


ELECTIONS. 


Islands  of  city 
of  Portland  to 
constitute  two 
wards,  as  to 
election  of 
certain 
officers. 

What  islands 
constitute  the 
diflferent 
wards. 

1879,  cv  97. 
;  See  also  R.  S., 
1871,  c.  4,  §  §  39 

.and  41.' 


Proceedings. 
Ibid,  §  42. 


See  also  §  31,  of 
..this  chapter. 


"Mode  of 

determining 

officers 

elected. 
1880,  c.  230, 

amending 

R.  S.,  1871,  c. 

78,  §  5. 

How  notified. 
How  to 

ascertain 

highest 

number  of 

votes. 
To  what  ^ 

officers 

applicable. 
Attested  copy 

of  return. 


said  islands  and  of  their  respective  wards.  The  first  of 
said  wards  shall  comprise  Long  Island,  Crotch  Island, 
Hope  Island,  Jewell's  Island  and  Little  Chebeague  Island, 
or  such  parts  of  said  islands  as  are  within  the  city  of  Port- 
land, and  the  ward  meetings  of  said  first  ward  shall  be 
holden  on  Long  Island.  The  second  of  said  wards  shall 
comprise  the  remaining  islands  within  the  city  of  Portland, 
and  the  ward  meetings  of  said  second  ward  shall  be  holden 
on  Peak's  Island.  The  qualified  electors  of  each  of  said 
wards  may  meet  as  provided  in  the  thirty-ninth  section 
of  the  fourth  chapter  of  the  Revised  Statutes,  and  also 
for  the  choice  of  city  tyfScers,  at  the  place  designated,  and 
may,  on  the  day  of  election  vote,  for  all  officers  named 
in  the  warrant  calling  the  meeting. 

The  warden  thereof  shall  preside  impartially  at  such 
meetings,  receive  the  votes  of  all  the  qualified  electors 
present,  sort,  count  and  declare  them  in  open  meeting  and 
in  the  presence  of  the  clerk,  who  shall  make  a  list  of  the 
persons  voted  for,  with  the  number  of  votes  for  each  per- 
son against  his  name,  and  the  oflflcers  respectively,  and  in 
open  ward  meeting,  and  in  the  presence  of  the  warden, 
shall  make  a  fair  record  thereof.  A  fair  copy  of  this  list 
shall  be  attested  by  the  warden  and  clerk,  sealed  up  in 
open  meeting,  and  delivered  to  the  clerk  of  ward  number 
one  in  said  Portland,  within  eighteen  hours  after  closing 
the  polls  ;  and  the  votes  thus  thrown,  shall  be  deemed  as 
thrown  in  and  belonging  to  the  last  mentioned  ward. 

57.  The  governor  and  council,  on  or  before  the  first 
day  of  December  in  each  year,  shall  open  and  compare 
the  votes  returned,  and  have  the  same  tabulated,  and  may 
receive  testimony  on  oath,  to  prove  that  the  return  from 
any  town  does  not  agree  with  the  record  of  the  vote  of 
such  town  in  the  number  of  votes,  or  the  names  of  the 
persons  voted  for,  and  to  prove  which  of  them  is  correct ; 
and  the  return,  when  found  to  be  erroneous,  may  be  cor- 
rected by  the  record.  No  such  correction  can  be  made 
without  application  within  twenty  days  after  the  returns 
are  opened  and  tabulated,  stating  the  error  alleged,  and 
reasonable  notice  thereof  given  to  the  person  to  be 
affected  by  such  correction,  and  during  said  twenty  days 
any  person  voted  for,  either  personally,  by  or  with  coun- 


ELECTIONS.  171 

sel,  shall  have  the  privilege  of  examining  said  returns  in 
the  presence  of  the  governor  and  council,  or  either  of 
them,  or  any  member  of  the  council.  The  persons  having 
the  highest  number  of  votes,  not  exceeding  the  number  to 
be  chosen,  shall  be  declared  elected  ;  and  shall  be  notified 
thereof  by  the  secretary  of  state,  be  sworn,  and  enter  up- 
on the  discharge  of  official  duties  on  the  first  day  of  Jan- 
uary thereafter.  If  a  number  of  persons,  exceeding  the 
number  to  be  chosen,  receive  an  equal  number  of  votes, 
no  one  is  elected.  But,  in  order  to  ascertain  what  per- 
sons have  received  the  highest  number  of  votes,  the  gov- 
ernor and  council  shall  count  and  declare  for  any  person 
all  votes  intentionally  cast  for  such  person,  although  his 
name  upon  the  ballot  is  misspelled  or  written  with  only 
the  initial  or  initials  of  the  christian  name  or  names  ;  and 
they  may  hear  testimony  upon  oath,  in  relation  to  such 
votes,  in  order  to  get  at  the  intention  of  the  electors  and 
decide  accordingly.  The  provisions  of  this  section  shall 
be  applied  in  determining  the  election  of  all  county  offi^ 
cers,  and  the  provisions  of  said  section  five,  so  far  as  they 
relate  to  the  examination  and  correction  of  returns,  and 
to  ascertaining  for  whom  votes  were  intentionally  cast, 
shall  be  applied  in  determining  the  election  of  representa- 
tives to  congress,  senators  and  representatives  to  the  state 
legislature,  and  electors  of  president  and  vice-president 
of  the  United  States.  In  all  cases  when  a  return  is  de- 
fective by  reason  of  any  informality,  a  duly  attested  copy 
of  the  record  may  be  substituted  therefor. 

Ordinances. 
1.  The  form  of  warrants  for  calling  meetings  of^^^^^^^^^ 
the  citizens  of  the  several  wards,  shall  be  as  follows,    ward 

.     ^  meetings. 

^^  •  To  conform  to 

act  of  1878, 

STATE  OF  MAINE.  c.73. 

City  of  Portland,  ss. 

To one  of  the  constables  of  the  said  city  of  Portland, 

Greeting  : 
In  the  name  of  the  State  of  Maine,  you  are  hereby 
required  to  warn  and  notify  the  inhabitants  of  Ward  No. 

,  in  said  City  of  Portland,  qualified  according  to  law, 

to  meet  at  the  Ward  Room  in  said  ward,  on  the  first  Mon- 


172  ELECTIONS. 

day  of  March  next,  being  the ■ — day  of  said  month, 

at  ten  o'clock  in  the  forenoon,  then  and  there  to  give  in 
their  votes  for 

The  polls  on  such  day  of  election  to  remain  open  until 
four  o'clock  in  the  afternoon,  when  they  shall  be  closed. 

You  are  also  required  to  give  notice  to  said  inhabitants, 
that  the  Aldermen  of  said  city  will  be  in  open  session  at 

the ,  in  City  Building,  from  nine  to  twelve  o'clock 

in  the  forenoon,  and  from  two  to  five  o'clock  in  the  after- 
noon on  each  of  the  four  secular  days  next  preceding  such 
day  of  election,  for  the  purpose  of  receiving  evidence  of 
the  qualification  of  voters  whose  names  have  not  been 
entered  on  the  lists  of  qualified  voters,  in  and  for  the 
several  Wards,  and  for  correcting  said  lists. 

Hereof  fail  not,  and  have  you  there  then  this  warrant, 
with  your  doings  thereon. 

Given  under  our  hands  and  seals,  at  the  city  of  Port- 
land, this day  of ,  in  the  year  of  our  Lord,  one 

thousand  eight  hundred . 

Mayor. 
)  Aldermen  of 

3    the  city  of  Portland. 

2.  All  warrants  for  calling  meetings  of  the  citizens 
of  the  several  wards  which  shall  be  issued  by  the 

by  constables  Biayor  and  aldermen,  shall  be  served  by  any  consta- 

^and  returned.    \y\Q    (jf  ^Y^q    ^[ly^  ^J^^    gj^^^]^    ^^^^    J^jg    rctum    On    the 

warrant,  stating  the  manner  of  notice  and  the  time  it 
was  given,  and  return  the  same  to  the  wardens  of  the 
several  wards  in  said  city,  on  or  before  the  time  of 
meeting  of  the  citizens  of  said  wards,  therein  speci- 
fied. 

3.  The  form  of  warrants  for  callinor  meetino^s  of 
Form  Of          ^^^  inhabitants  of  the  said  city  of  Portland,  shall  be 

warrant  for       aS  foUoWS,  tO  wit  : 
general 
^^meetings.  STATE  OF  MAINE. 

[l.  s.]  ,  City  of  Portland,  ss. 

To one  of  the  constables  of  the  city  of  Portland, 

Greeting  : 

Upon  the  requisition  of  sixty  qualified  voters  of  said 
>. city,  you  are  hereby  required,  in  the  name  of  the  State  of 


ELECTIONS.  173 

Maine,  to  warn  and  notify  the  inhabitants  of  said  city  of 

Portland  qualified  to  vote  in  city  affairs,  to  meet  at 

in  said  city,  on ,  the — day  of ,  at o'clock  in 

the noon,  then  and  there  to  act  upon  the  following 

articles,  to  wit : 

Hereof  fail  not,  and  have  you  there  then  this  warrant, 
with  your  doings  thereon. 

Given  under  our  hands  and  seals,  at  the  city  of  Port- 
land, this day  of ,  in  the  year  of  our  Lord . 

Mayor. 
I         Aldei-men  of 
3   the  city  of  Portland. 

4.  All  warrants  which  shall  be  issued  by  the  mayor  To  be  served 
and  aldermen,  for  calling  meetings  of  the  inhabitants   and  returned, 
of  the  city,  shall  be  served  by  any  constable  of  the  ^^i^. 

city',  and  returned  to  the  mayor  and  aldermen  on  or 
before  the  meeting  of  the  citizens  therein  specified. 

5.  It  shall  be  the  duty  of  the  mayor  and  aldermen  '^^^J^  ^^^^^ 
to  fix  the  time  when  the  poll  shall  close,  as  well  as   J^o^i^g^^^i^e 
the  time  for  opening  thereof,  in  the  election  of  all   Ji^yo^Jnd^ 
officers  except  ward  officers,  and  insert  the  same  in   fnSTi'n'^'^ 
any  warrant  and  notification  to  the  inhabitants,  of  liid.^'^"^'^"  * 
such  election. 


See  City  Chartee,  sections,  8,  11,  12,  13,  14,  15. 


Evergreen  Cemetery, 


[see  cemeteries.] 


Ferries. 


Statutes. 

1.  County  commissioners ;  license  ferries,  establish  tolls,  take 

bond.     Property  to  be  appraised  on  removal  of  ferryman. 

2.  May  establish  them  to  be  supported  by  towns ;  penalty  for 

neglect. 

3.  Penalty  for  neglect  to  keep  safe  boat,  and  to  give  prompt 

attendance. 

4.  Person  injured  by  neglect  or  default  of  ferryman  may  sue 

on  his  bond. 

5.  No  ferry  to  be  established  within  one  mile  of  a  steam  or 

horse  ferry. 

6.  Penalty  for  keeping  a  ferry,  or  transporting,  contrary  to 

law. 

7.  Ice  to  be  leveled  and  way  kept  in  repair  in  winter. 

8.  Penalty  for  neglect  of  it ;  liability  for  injuries. 

9.  Licensed  ferrymen  not  to  use  steam  or  horse-boats. 

10.  At  steam  and  horse  ferries  other  boats  may  be  used  in 

times  of  danger. 

11.  Obstructions  of  ferry  ways  prohibited.     Penalty. 

12.  Piers  may  be  sunk  at  ferries  to  guide  boats. 

13.  Portland  and  Cape  Elizabeth  ferry  company.     May  hold 

real  and  personal  property. 

14.  May  establish  ferry.     Proviso. 

15.  Toll.  • 

16.  Time  of  running  boats.    Forfeiture.     Liabilities. 

17.  Capital  stock. 


removal  of 
ferryman. 


They  may 


^     FERRIES.  175 

1.  County  commissioners  may  license  persons  to  keep  county 
ferries  at  such  places  and  for  such  times,  as  are  necessary,    may  iicense^^^ 
except  where  they  are  otherwise  legally  established  ;  may    esSfsh  toils, 
establish  tolls  for  the  passage  of  persons  and  property  ;  r^|.®^  istiJc. 
revoke  such  licenses  at  pleasure  ;  and  shall  take  from  the  42  Maine,  9. 
person  licensed,  a  bond  to  the  treasurer  of  State,  with 

sureties,  for  the  faithful  performance  of  his  duties. 

Whenever  said  commissioners  remove  a  ferryman,  they  „ 

•^  *'    Property  to  be 

shall  appraise  the  boat  and  other  personal  property  used    appraised  on 
in  runniug  the  ferry,  at  its  fair  value,  and  the  person  ap- 
pointed shall  purchase  the  same  at  said  appraisal,  if  the 
person  removed  assents  thereto. 

2.  They  may  establish  ferries  at  such  times  and  places 

as  are  necessary,  and  fix  their  tolls.     When  no  person  is    estkbUsh 

found  to  keep  them  therefor,  the  towns  in  which  they  are    *^"^®s  ^  ^^® 

supported  by 
established,  are  to  provide  a  person  to  be  licensed  to  keep    towns; 

them,  and  are  to  pay  the  expenses,  beyond  the  amount  of    penalty  for 

tolls  received,  for  maintaining  them.     When  established  i^id,  §  2. 

between  towns,  they  are  to  be  maintained  by  them  in  such 

proportions  as  the  commissioners  order.    For  each  month's 

neglect  to  maintain  such  ferry  or  its  proportion  thereof,  a 

town  forfeits  forty  dollars. 

3.  Every  keeper  of  a  ferry  is  to  keep  a  suitable  and  penalty  for 
safe  boat,  or  boats,  for  use  on  the  waters  to  be  passed,    neglect  to 
and  give  prompt  attendance  for  passage,  according  to  the    boat!  an^d  for 
regulations  established  for  the  ferry.     For  neglecting  to    neglect  of 
keep  such  boat,  he  forfeits  twenty  dollars,  and  for  neglect    attendance. 
of  attendance,  one  dollar,  to  him  who  sues  therefor  in  an 

action  of  debt ;  and  is  liable  in  an  action  on  the  case  to 
the  party  injured  for  his  damages. 

4.  Any  one  injured  in  his  person  or  property  by  the  a  person 
negligence  or  default  of  a  ferryman,  may  commence  a    ^^^^i^^Qf^ 
suit  on  his  bond,  in  which  the  proceedings  are  to  be  simi-    ferryman  may 
lar  to  those  in  actions  on  the  bonds  of  sheriffs.  ^"®  ^^°^- 

5.  When  a  ferry  is  established  by  the  legislature  to  be  „  ' 

•^  .70  Ferrjnot 

passed  by  a  steam  or  horse  boat,  no  other  ferry  can  be    within  one" 
established  on  the  same  river  within  one  mile  above  or    ^^^^  ^^  s*®^™ 

11         .,  or  horse  ferry, 

^elo^  It-  Ibid.  §  5. 

6.  A  person,  who  keeps  a  ferry  contrary  to  the  provis- 
ions of  sections  one  and  two,  or  without  authority  trans- 


176 


FERRIES. 


Penalty  for 
keeping  a 
feiTy  or  con- 
veying passen- 
gers or 
l)ropeity 
contrary  to 
law. 

Ibid.  §  6. 


Ice  to  be  leveled 
and  way  kept 
in  repair  in 
winter. 

Ibid.  §  7. 


Penalty  for 
neglect  and 
liability  for 
injury. 

Ibid.  §  8. 

Licensed  ferry- 
men not  to  use 
horse  boats  or 
steam  boats. 

Ibid.  §  9. 

At  horse  and 
steam  ferries 
other  boats 
used  in  times 
of  danger. 

Ibid.  §  10. 

Obstructions  to 
ferries  pro- 
hibited ; 
penalty. 

Ibid.  §  11. 


ports  passengers  or  property  across  any  licensed  or 
established  ferry  for  hire,  forfeits  four  dollars  for  each 
day  such  ferry  is  kept,  or  for  each  time  of  transportation, 
and  is  also  liable  to  the  party  injured  and  keeping  the 
ferry  at  or  near  the  place,  for  damages  sustained  by  him, 
in  an  action  on  the  case.^ 

7  When  tidal  waters,  over  which  ferries  are  established, 
become  so  frozen  that  travelers  may  pass  on  the  ice,  the 
keepers  of  them  are  to  level  the  ice  and  clear  and  repair 
the  passage  way  from  day  to  day,  so  that  the  same  may 
at  all  times  be  safe  and  convenient  for  travelers  with  teams, 
sleds,  and  sleighs.  Such  way  for  passage  may  be  made 
from  a  public  landing  suflSciently  near  to  be  connected  with 
the  opposite  ferry  landing.  The  commissioners  are  to  fix 
a  reasonable  compensation  therefor,  to  be  paid  from  the 
county  treasury.  Or  they  may  contract  with  another  per- 
son to  perform  such  duties,  and  give  notice  thereof  to  the 
keeper  of  the  ferry  before  the  river  is  closed  ;  and  during 
the  continuance  of  such  contract  the  liabilities  of  the 
keeper  are  transferred  to  the  person  contracting. 

8.  The  ferryman,  or  person  so  contracting,  forfeits  ten 
dollars  for  each  day's  neglect  to  perform  such  duty,  and 
is  liable  in  an  action  on  the  case,  to  pay  damages  to  any 
person  injured  thereby. 

9.  A  licensed  ferryman,  who  uses  at  his  ferry  a  boat 
propelled  by  steam  or  horse  power,  forfeits  his  license, 
and  is  liable  to  pay  the  damages  occasioned  thereby  to  any 
person  or  corporation. 

10.  Persons  required  to  use,  at  a  ferry,  steam  or  horse 
boats,  when  the  passage  by  them  is  dangerous,  may  use 
other  safe  boats. 

11.  Any  person,  who  places  a  wier  or  other  obstacle, 
or  without  necessity,  anchors  or  places  a  raft,  vessel,  or 
water  craft,  so  as  to  obstruct  the  ordinary  passage  way  of 
any  boat  at  a  ferry  licensed  or  established,  forfeits  twenty 
dollars  to  the  use  of  the  proprietor  of  the  ferry,  to  be 
recovered  in  an  action  on  the  case  ;  unless  such  obstruc- 
tion was  inadvertently  made,  and  removed  within  thirty 


1  Ferries  derive  their  power  from  their  charters.    Power  discussed,  Day 
V.  Stetson,  8  Maine,  365;  State  v.  Wilson,  42  Maine,  9. 


FERRIES.  177 

minutes,  if  practicable,  after  notice  given  of  its  improper 
position,  or  unless  it  was  occasioned  by  hauling  into  a 
wharf,  pier,  landing,  or  dock,  without  any  unreasonable 
delay  or  wilful  misconduct. 

12.  The  proprietors^  of  a  ferry,  to  guide  their  boats,  piers  may  be 
may  sink  piers  above  and  below  and  near  their  ferry  ways,    ^^^  ^^  ^^^^ 
on  each  side  of  the  river,  not  more  than  twelve  feet  in    ferries, 
length  or  breadth,  and  not  so  sunk  as  to  iujure  any  wharf  ^i^.  §  12. 

or  landing,  where  vessels  had  previously  taken  or 
discharged  freights. 

13.  Jokn  B.  Curtis,  Benjamin  Willard  and  James  I.  Cape  Elizabeth 
Libby,  their  associates,  successors  and  assigns  are  hereby  ^^.^  to  mcorpo- 
created  a  corporation  by  the  name  of  the  Portland  and   rate. 

Cape  Elizabeth  Ferry  Company,  with  power  to  prosecute  ^^^2^  104^ 
and  defend  suits,  to  make  by  laws  and  regulations  for  the  Powers  of  Co. 
management  of  its  affairs  not  repugnant  to  the  laws  of  the  g^^j  gg^^^g  aJJ^^ 
State,  to  lease  or  purchase  and  hold  such  real  and  per-   personal 
sonal  estate  as  may  be  necessary  to  effect  the  object  of   P'^^p®"^- 
the  corporation,  and  use  and  enjoy  all  the  powers,  rights 
and  immunities  incident  to  such  corporations. 

14.  Said  corporation  is  hereby  authorized  to  set  up, 
establish  and  maintain  a  ferry  across  Fore  river  between  May  establish 
Ferry  village  in  Cape  Elizabeth,  and  Portland,  at  such  » ferry, 
place  as  said  corporation  may  select,  provided  the  same 

shall  be  set  up  and  established  to  start  from,  and  land  at 
such  places,  buildings  or  wharfs  as  said  corporation  may 
purchase  or  lease  for  the  purposes  with  the  rights  to  main- 
tain, keep  and  run,  suitable  boat  or  boats  for  the  safe  and 
convenient  transportation  of  passengers  and  freight. ^ 

15-.     A  toll  is  hereby  granted  and  established  for  the 
benefit  of  •  said  corporation  as  follows  :  for  each  foot  pas- 
senger five  cents,  and  for  each  hundred  pounds  of  freight, 
or  less,  four  cents  ;  provided  however,  the  rate  of  toll  rp^y 
may  at  any  time  be  modified  by  the  legislature. 

16.     The  time  for  running  said  boat  or  boats  shall  be 
from  six  o'clock  in  the  forenoon  to  eight  o'clock  in  the 

«  state  V.  Wilson,  42  Me.  9. 

» Public  highway  to  be  constructed  in  Portland  into  tide  waters.    Ferry 
way. 
Private  Laws  1873,  c.  375. 
See  Streets,  §  15,  post. 


178 


FERRIES. 


Ibid. §  4. 
Time  of 
running  boats. 


Forfeiture  in 
case  of 
neglect. 


Liable  for  loss 
or  damage. 
Ibid.  §  5. 

Capital  stock. 

§  §  6  and  7  of 
this  charter 
are  merely  as 
to  first  meet- 
ing  and 
approval. 


afternoon,  from  the  first  day  of  April  to  the  first  day  of 
October  ;  and  from  six  and  a  half  o'clock  in  the  forenoon 
to  seven  o'clock  in  the  afternoon  from  the  first  day  of 
October  to  the  first  day  of  April,  in  each  year.  And  if 
said  corporation  shall  neglect  to  furnish  suitable  and 
proper  attendance,  and  suitable,  safe  and  proper  boat  or 
boats  at  any  time  within  the  hours  prescribed  for  running 
the  same  for  the  transportation  of  passengers  or  freight 
as  authorized  by  this  act,  said  corporation  shall  forfeit  and 
pay  for  each  case  of  such  neglect  the  sum  of  ten  dollars, 
to  be  recovered  in  an  action  of  the  case  by  the  person 
aggrieved  thereby  in  any  court  of  competent  jurisdiction  ; 
said  corporation  shall  also  be  liable  in  a  like  action  to  the 
party  injured,  for  loss  and  damage  occasioned  by  the  neg- 
lect or  want  of  proper  care  on  the  part  of  said  corpora- 
tion, its  agents  or  servants. 

17.  The  capital  stock  of  said  corporation  shall  be  ten 
thousand  dollars,  divided  into  such  number  of  shares  as 
the  corporation  shall  determine,  with  power  to  increase 
the  capital  from  time  to  time  by  vote  of  two-thirds  of  the 
stockholders  at  a  meeting  held  for  that  purpose,  to  twenty- 
five  thousand  dollars. 


Finance.' 


CONSTITUTIONAL  AMENDMENT. 

1.     Power  to  create  municipal  debt. 

Statutes. 

1.  Power  of  Portland  to  create  debt. 

2.  Not  to  apply  to  fund  in  trust,  &c. 

3.  Jurisdiction  of  S.  J.  C. 

4.  Anthorized  to  purchase  real  and  personal  estate  not  exceed- 

ing tw.o  hundred  thousand  dollars. 

5.  School  money,  how  paid. 

6.  For  what  purposes  money  may  be  raised  by  towns. 

7.  Town  histories. 

8.  Doings  made  valid  in  certain  cases. 

9.  Contracts  made  valid. 

10.    Unauthorized  contracts  may  be  made  valid. 

Ordinances. 

1.  Committee  on  accounts  to  be  appointed.     Duties. 

2.  City  treasurer's  duties. 

3.  Committee  on  accounts    to  audit  the  accounts  of  city 

treasurer  and  auditor. 

4.  City  treasurer  to  give  bond. 

5.  Financial  year  —  accounts  be  made  to  the  end  of. 

6.  Committee  on  finance  to  be  appointed.      Duties. 

7.  City  officers  to  pay  over  moneys  to  the  treasurer. 

8.  Registered  bonds. 

9-  Forms  and  regulations. 

10.  Denomination,  five  hundred  dollars^ 

11-  Loans. 

12.  Blanks  and  books. 

13.  Transfer. 
1^-  Disposal. 

15.    Bonds  seld  for  paying  P.  &  O.  assessment. 

CONSTITUTIONAL    AMENDMENT. 

No   city  or  town   shall   hereafter   create   any  debt  or 
liability,  which,  singly,  or  in  the  aggregate  with  previous 

1  see  titles  "  Sinking  Fund,"  "  Railroad." 


180  FINANCE. 

Power  to  create  debts  or  liabilities,  shall  exceed  five  per  centum  of  the 

<^®^*'  last   regular  valuation  of  said  city  or  town  ;    provided, 

Amendment  to  however;  that  the  adoption  of  this  article  shall  not  be 

Constitution,  '  ^  .  ., 

1877,  Feb.  9.      construcd  as  applying  to  any  fund  received  in  trust  by  said 

city  or  town,  nor  to  any  loan  for  the  purpose  of  renewing 
existing  loans  or  for  war  or  to  temporary  loans  to  be  paid 
out  of  money  raised  by  taxation  during  the  year  in  which 
they  are  made. 

Statutes. 
Power  of  city         1-  Neither  the  inhabitants  of  the  city  of  Portland,  nor 
of  Portland  to  ^he  city  couucil,  nor  any  officer  or  officers  thereof,  shall 
Suited  to  five  hereafter  create  any  debt  or  debts,  liability  or  liabilities, 
percent.of her  on  behalf  of  Said  city,  which  shall  singly  or  in  the  aggre- 
vaiuation.        ^^^^  ^^^^  other  debts  and  liabilities  hereafter  or  heretofore 
created  in  behalf  of  said  city,  exceed  five  per  cent,  of  the 
valuation  of  said  city  for  the  year  in  which  it  is  proposed 
to  creat  said  debt  or  liability,  nor  shall  create  such  debt 
or  liability  so  long  as  the  aggregate  debts  and  liabilities  of 
said  city  exceed  five  per  cent,  as  aforesaid,  nor  shall  issue 
any  notes,  bonds,  or  any  certificates  or  evidences  of  in- 
debtedness, for  any  such  debt  or  liability  ;  nor  shall  the 
Private  Laws     credit  of  said  citv  be  directly  or  indirectly  loaned  in  any 

1877,  c.  345.  -^    .  -^  ,         -  -^^  _  .  "^ 

case,  and  no  existing  statute,  whether  public  or  private, 

shall  be  construed  as  vesting  any  authority  to  loan  such 

credit,  nor  to  create  such  debt  or  liability,    or  issue  such 

Act  went  into     boud,  note,  or  other  evidence  of  indebtedness,  nor  shall 

eflfectMarcii     any  statute,  public  or  private,  hereafter  passed,  be  con- 

'    "'  strued  as  vesting  such  authority,  unless  express  reference 

is  made  therein  to  the  provision  of  this  act. 

Not  to  apply  to       ^'  This  act  shall  not  apply  to  any  fund  which  said 

fund  in  trust,  city  may  receive  in  trust,  nor  to  any  loan  for   municipal 

porary  loan      pu^poses,  for  payment  of  which,  provision  is   made  by 

for  municipal   assessment  of  the  amount  in  the  municipal  tax  during  the 

purpose.  municipal  year  in  which  the  same  is  incurred,  nor  to  any 

loan  issued  for  the   purpose  of  renewing  or  paying  the 

principal  of  existing  loans  or  liabilities. 

3.  The  supreme  judicial  court  shall  have  jurisdiction 
s.  J.court!      in  equity  to  prevent  violation  of  this  act,  on  application 
Ibid.  §  3.  Qf  any  one  or  more  taxable  inhabitants  of  said  city. 


Ibid.  §  2. 
Jurisdiction  of 


FINANCE.  181 

4.  The  city  council  of  the  city  of  Portland  shall  have  City  council 

the  power  to  purchase  and  take,  in  the  name  of  the  city,    ^^^^^^^^1 

real  and  personal  property  for  municipal  purposes,  to  an    ami  personal 

amount  not  exceeding  two  hundred  thousand  dollars  in    estate,  not 

addition  to  that  now  held  by  the  city.  $200,000. 

♦  5.  All  moneys  appropriated  for  the  use  and  support  Act  1875,  c.  21. 

of  public  schools  in  the  city  of  Portland,  shall  be  paid 

bv   the   treasurer  of  the  city,  upon  the  account  being:  ^^^^^^  money, 

1   ,      .,  ,  .  how  paid, 

approved  by  the  mayor  and  committee  of  accounts  for 

the   city   of   Portland.      The   provisions  of  chapter  one 

hundred    and    ninety-six   of    public    laws    of    eighteen  Private  Laws, 

hundred  and  seventy-seven,  shall  not  apply  to  the  city    ^^^'  ^'  ^^^* 

of  Portland. 

6.  The  qualified  voters^  of  a  town,   at  a  legal  town-  For  what  pur- 
meeting,  may  raise  such  sums,  as  are  necessary  for  the    p^^^^  money 
maintenance  and  support  of  schools  and  the  poor ;  for    by  towns^^^^ 
making  and   repairing   highways,  and   town  ways  and  R- s., i87i, c. 3. 
bridges ;   for  purchasing  and  fencing  burying  grounds ; 

for  purchasing  or  building  and  keeping  in  repair  a  hearse 
and  house  therefor,  for  the  exclusive  use  of  its  citizens ; 
and  for  other  necessary  town  charges. 

7.  Cities  and  towns  may  raise  money  for  the  purpose  Towns  may 

of  procuring  the  writing  and  publication  of  their  histo-    Pf<^^^  *<*^^- 
.     *  ^  01  histories. 

nes,  and  a  sum  not  exceeding  five  thousand  dollars  in  one  ibid.  §36. 
town  for  the  purpose  of  erecting  a  suitable  monument  in  buiw  soicUers' 
memory  of  the  soldiers  who  sacrified  their  lives  in  defence    monuments, 

.  for  not  more 

of  their  country  m  the  recent  war.  tban  $5,000. 

8.  The  past  acts  and  doings  of  cities,  towns  and  plan- 
tations, in  offering,  paying  and  contracting  to  pay,  and 
in  raising  and  providing  means  to  pay  expenses,  for 
recruiting  for  their  several  quotas,  commutations  to 
drafted  men,  bounties  to  or  for  volunteers,  drafted  men 

or  substitutes  of  drafted  men  or  enrolled  men,  mustered  i>oings  of  cities 

and  towns 

into  or  enlisted  for  the  military  or  naval  service  of  the    made  valid. 
United  States,  are  made  valid,  provided  such  acts  and  ibid.  37. 
doings  have  been,  at  meetings  legally  called  and  held  in 

«  BaileyvlUe  v.  Lowell,  20  Maine,  178 ;  Frankfort  r.Winterport,  54  Maiiie,250 ; 
Opinion  of  Justices,  52  Maine,  595;  Friend  r.  Gilbert,  108  Mass.  408;  Minot 
r.  W.  Roxburj',  112  Mass.,  1;  Coolidge  v.  Brookline,  114  Mass.  592;  as  to 
power  to  aid  in  cx)nstruction  of  railroads,  see  Title  Railroads,  and  R.  S. 
1871,0. 51,  §§80,  81,82. 


182 


FINANCE. 


Contracts  made 
valid. 
Ibid.  §  38. 


Unauthorized 
contracts  by  • 
municipal 
officers  may 
be  made  valid. 

Ibid.  §  39. 


Committee  on 
accounts  to  be 
appointed. 

Duty. 

Revised  Ord. 
'68,as  amended 
by  subsequent 
ordinancesand 
city  charter. 

City  treasurer's 
duties. 

Ibid. 


pursuance  of  warrauts  therefor ;  setting  forth  the  pur- 
pose upon  which  such  acts  and  doings  were  based.  And 
all  taxes  assessed,  contracts  made  and  notes  and  orders 
given  by  municipal  officers  in  pursuance  of  votes  passed 
at  such  meetings,  are  also  made  valid. 

9.  All  contracts  made  in  pursuance  of  votes  passed  jIt 
such  meetings,  by  such  municipal  officers,  or  their  duly 
authorized  agents,  with  any  volunteer,  drafted  man,  or 
substitute,  or  with  third  persons,  corporations  or  associ- 
ations for  the  purpose  of  providing  means  to  pay 
commutations,  bounties  to  volunteers,  drafted  men  or 
substitutes  are  made  valid. 

10.  All  contracts  heretofore  made  by  such  municipal 
officers,  or  by  third  persons,  in  behalf  of  any  city,  town 
or  plantation,  but  without  previous  authority  therefor,  to 
pay  commutations,  bounties  to  or  for  volunteers,  drafted 
men  or  substitutes,  actually  in  or  enlisted  for  the  military 
or  naval  service  of  the  United  States,  may  be  ratified  and 
made  valid  by  any  city,  town  or  plantation  at  legal  meet- 
ings thereof,  called  and  notified  as  named  in  section 
thirty-seven,  chapter  three,  of  the  Revised  Statutes. 

Ordinances. 

1.  There  shall  be  appointed  annually,  by  the  city 
council,  a  joint  committee  on  accounts,  to  consist  of 
one  on  the  part  of  the  board  of  mayor  and  aldermen, 
and  two  on  the  part  of  the  common  council,  whose 
duty  it  shall  be  to  carefully  examine  all  claims  and 
accounts  against  the  city,  vy^lien  certified  by  the  auditor. 

2.  It  shall  be  the  duty  of  the  city  treasurer  and 
collector  to  collect  and  receive  all  rents  which  may  be 
due  to  the  city,  and  under  the  direction  of  the  mayor 
and  aldermen,  to  seal  and  execute  all  leases  of  city 
lands  or  buildings.  He  shall  also  receive  all  fines  and 
penalties  which  may  be  paid  to  him  from  time  to 
time.  He  shall  proceed  without  delay  to  collect  all 
accounts  which  may  be  delivered  to  him  for  collection, 
and  in  any  case  in  which  he  is  unable  to  obtain  a 
settlement  of  an  account,  he  shall  report  the  same  to 


FINANCE.  •  183 

the  major  and  aldermen,  and  follow  such  directi^s 
as  they  may  deem  it  for  the  interest  of  the  city  to 
prescri])e. 

3.  It  shall  be  the  duty  of  the  committee  on  accounts  committee  on 
to  audit  the  accounts  of  the  city  treasurer,  and  of  tiie   ammSe*** 
auditor,  at  the  close  of  each  financial  year,  and  as   accounts  of 
much  oftener  as  they  may  deem  expedient ;  and  for   and  auditor, 
this  purpose  they  shall  have  access  to  all  books  and  ii>id. 
vouchers  in  their  possession  or  in  the  possession  of 

the  city  clerk,  or  any  other  officer  of  the  city,  and 
they  shall  in  every  case  report  to  the  city  council  the 
result  of  their  examination. 

4.  The  city  treasurer  and  collector  shall  give  bond,  city  treasurer 
with  sufficient  sureties,  to  the  satisfaction  of  the  *^^^«^°^^^- 
mayor  and  aldermen,  for  the  faithful  performance  of  ^^^^' 

the  duties  of  the  said  office  of  the  treasurer  and 
collector,  and  that  he  will  truly  and  justly  account 
for  all  moneys  that  may  come  into  his  hands. 

5.  The  city  treasurer  shall  make  up  his  annual  Financial  year 
accounts  to  the  first  day  of  April,  and  the  financial  -accounts  to 
year  shall  begin  on  the  first  day  of  April,  and  end  on     .^^ 

the  last  day  of  March  in  each  year. 

6.  There  shall  annually  be  appointed  a  joint  com-  committee  on 
mittee  on  finance,  to  consist  of  the  mayor  and  two    finance  to  be 

aldermen,  on   the   part   of  the  board  of  mayor  atid 

n  111  ...  i^i<i- 

aldermen,  and  three  members  of  the  common  council, 

whose  duty  it  shall  be,  under  the  direction  of  the  city  ^"*^®^- 
council,  to  negotiate  all  loans  made  on  account  of  the 
city,  and  to  consider  and  report  on  all  subjects  relat- 
ing to  the  finances  of  the  city. 

7.  It  shall  be  the  duty  of  the  city  clerk,  the  city  city  officers  to 
marshal,  deputy  marshals,  weighers  of  hay,  and  other   pay  over  mon- 
officers,  of  the  city,  authorized  to  collect  moneys,  to    treasurer. 
pay  over  to  the  city  treasurer  once  in  three  months  ibid. 

all  moneys  which  they  shall  receive,  belonging  to  the 
city. 

11 


184 


FINANCE. 


Registered 
bonds. 
Ord.  Jan.  12, 

1870. 


Ibid.  §  2. 
Forms  and 
regulations. 


Ibid.  §  3. 
Denomination 
$500. 


REGISTEKING    OF   BONDS. 

8.  'Whenever  the  holder  of  any  coupon  bond  of  the 
city,  heretofore  or  hereafter  issued  for  municipal 
purposes,  shall  surrender  the  same  with  the  unpaid 
coupons  to  the  city  treasurer  for  the  purpose  of  hav- 
ins"  the  same  converted  into  a  reo^isteredbond,  it  shall 
be  the  duty  of  the  city  treasurer  to  receive  and  cancel 
the  same,  and  to  issue  to  the  person  surrendering  the 
same  a  certificate  to  be  countersigned  by  the  mayor, 
setting  forth  that  such  person  is  entitled  to  receive 
from  the  city,  in  accordance  with  a  registered  bond 
of  the  city  for  that  purpose,  a  sum  of  money  cor- 
responding to  the  amount  of  such  coupon  l)ond 
surrendered,  payable  at  the  same  time,  and  with 
interest  at  the  same  time  and  rate  of  payment,  all 
payable  at  the  office  of  the  city  treasurer,  and  such 
registered  bond  shall  therefor  be  filled  out  by  the  city 
treasurer,  signed  and  countersigned  as  above,  and 
kept  in  suitable  books  of  registry  provided  for  that 
purpose,  with  a  number  and  other  necessary  references 
corresponding  to  the  number  and  description  of  the 
certificate  issued.  And  the  faith  of  the  city  is  hereby 
pledged  for  the  payment  of  all  sums  due  upon  such 
registered  bonds,  with  interest  according  to  their 
tenor,  to  the  lawful  holders  of  such  certificate. 

9.  The  necessary  forms  for  such  registered  bonds 
and  certificates,  and  for  the  transfer  of  the  same,  and 
the  necessary  regulations  for  the  payments  of  interest 
accuring  thereon,  and  for  preserving  the  evidences  of 
the  same,  and  for  making  and  preserving  the  records 
of  the  transfers,  shall  be  determined  by  the  joint 
standing  committee  on  finance,  and  the  forms  and 
regulations  so  determined  shall  be  observed  by  the 
city  treasurer. 

10.  All  such  registered  bonds  shall  be  of  the  de- 
nomination of  five  hundred  dollars  ($500)  or  any 
multiple  thereof,  and  one  certificate  may  issue  for  any 


FINANCE.  Ig5 

number  of  coupon  bonds  of  the  same  class  surren- 
dered. 

11.  Wlienever   the    city   council   shall   hereafter 
authorize  any  loan  other  than  temporary  loans,  to  be 
made  for  municipal  purposes,  the  city  treasurer  shall  Loans. 
be  authorized,  unless  otherwise  directed  by  the  city 
council,  to  effect  such  loan  or  such  part  of  the  same 

as  the  joint  standing  committee  on  finance  shall  direct, 
upon  registered  bonds,  and  certificates  issued  there- 
for in  like  manner,  and  under  such  regulations  as  are 
prescribed  in  the  first  section  for  the  registered  bonds 
and  certificates  therein  provided^for. 

12.  The  city  treasurer,  under  the  direction  of  the 
committee  on  finance,  is  hereby  authorized  to  procure  n^id.  §5. 
suitable  blanks  and   books  necessary  to  carry  this  f^^?^^  ^°^ 
ordinance  into  effect ;  the  expenditure  incurred  there- 
for shall  be  subject  to  the  approval  of  the  mayor,  and 

upon  such  approval,  may  be  allowed  by  the  committee 
on  accounts. 

13.  Xo  such  registered  bonds  shall  be  transfeiTed  n)id,  §6. 
except  at  the  office  of  the  treasurer,  and  no  other  '^^^°^^®^- 
transfer  of  the  same  shall  be  binding  on  the  city.  ^ 

14.  Whenever  it  may  be  necessary  to  dispose  ofn,i(i.§7. 
any  reo^istered  bonds  belono^in^^  to  the  sinkino:  fund  of  i^Jsposeof 
the  city,  for  the  purpose  of  raising  means  for  the 
payment   of  any  of  the  city   bonds  or  certificates 
matured  or  maturing,  such  bonds  maybe,  by  order  of 

the  city  council,  suiTendered  and  corresponding 
coupon  bonds  issued  therefor. 

15.  Any  bonds  of  the  State  of  Maine,  owned  by 

the  city,  may  be  sold,  and  the  proceeds  appropriated  payment  by  p_ 
by  order  of  the  city  council,  to  the  payment  of  assess-   *  ^-  assess- 
ments on  the  city's  subscription  to  the  stock  of  the  ord.i87o,  April 
Portland  and  Ogdensburg  Railroad  Company.  ^^' 


Pire  Department. 


statutes. 

'1.  Towers  of  fire  department  of  Portland,  in  whom  vested. 

'  2.  Towns  may  perscribe  rules  for  care  of  engines,  »S:c. 

•  3.  Officers  chosen  have  powers  of  fire  wards.    Towns  liable 

for  acts  of  officei^^. 

4.  Engine  men  excused  from  jury  service. 

"5.  Duties  of  engine  companies. 

6.  Negligent  engine  men.    Discharge. 

7.  Tire  wards  in  country  towns.. 

•  8.  Fire  wards,  duty  of  and  of  other  officers  at  fires. 
9.  Fire  wards,  power  of  at  fires, 

10.  Officers  may  demolish  buildings,  when. 

11.  Compensation  for  demolished  buildings,  when. 

12.  Larceny  at  fires. 

13.  Penalty  for  occupying  tenement    for  sail  making,    &c., 

except  where  municipal  officers  direct. 

14.  Defective  chimneys,  &c.,  may  be  removed. 

15.  Lighted  pipes,  &c.,  in  mills,  &c. 

16.  Penalty  for  kindling  fire  on  land  without  consent  of  owner. 

17.  Penalty  for  kindling  fire  with  intent  to  injure  another. 

18.  Lawful  fires  to  be  kindled  at  suitable  time. 

19.  Regulations  about  gunpowder. 

20.  Damages  recoverable  by  person  injured  by  explosion. 

21.  Municipal  officers  may  search  for  gunpowder. 

22.  Regulations  in  force  till  published. 

.23.  Inn-keepers  to  provide  means  of  escape  from  fires,  when. 

24.  Time  allowed;  penalty  for  neglect. 

25.  Penalty  for  selling,  giving,  or  firing  fire-works    without 

license. 

26.  Towns  may  prohibit  burning  of  bricks,  &c.     Penalty. 

Ordinances. 

1.     Water  not  to  be  taken  from  reservoirs. 
.2.  .  Bonfires,  &c.,  not  to  be  made.     Penalty. 

3.  Penalty  for  carrying  uncovered  fire  in  the  streets. 

4.  Penalty  for  discharging  fire-arms. 

.5.    Penalty  for  erecting  or  using  brick-kilns  without  license. 
.6.    Penalty  for  false  alarm  of  fire. 


TIRE  DEPARTMENT.  187 

7.  Penalty  for  removing  fire-ladders  from  place  of  deposit.. 

8.  Penalty  for  setting  fire  to  chimneys,  &c. 

9.  Penalty  for  persons  wearing  badges,  &c.,  falsely  represent- 

ing themselves  as  members  of  the  fire  department. 

10.  Hydrants,  used  for  extinguishing  fires. 

11.  Penalty  for  running  over  hose. 

FOR  THE  GOVERNMENT  OF  THE  FIRE  DEPARTMENT^ 

1.  Eire  department,  how  organized.    Electioii. 

2.  Organization  of  board  of  engineers. 

3.  Powers  of  engineers. 

4.  Engineers  to  cause  combustibles  to.be  removed^ 

5.  Engineers  to  demolish  buildings  at  fires,  when. 

6.  Engineers  may  suspend  companies,  &c.,  when. 

7.  Engine  companies,  how  composed. 

8.  Chief  engineer,  his  powers  and  duties. 

9.  City  council  may  form  engine,  hook  and  ladder,  and  hose 

companies,  &c. 

10.  Foremen  and  clerks  of  companies ;  how   chosen.     Com- 

panies may  make  rules. 

11.  Meetings  of  companies. 

12.  Fines  for  absence. 

13.  Pay  of  members  of  companies. 
li.  Fires  in  adjoining  towns. 

15.  Foreman,  duties  of. 

16.  Clerk,  duties  of. 

17.  Enginemen,  their  election  and  duties. 

18.  Enginemen,  their  special  duty  to  preserve  engines,  &c. 

19.  Badges. 

20.  Badges,  penalty  for  false  wearing  of  same. 

21.  Drivers,  duty  of, 

22.  Engineers  to  be  obeyed. 

23.  Repeal  of  prior  ordinances,  except,  &c. 

24.  Inspection. 

25.  Compensation. 

RULES  AND  REGULATIONS  OF  ENGINEERS. 

1.  Orders  of  chief  engineer,  how  given. 

2.  Duty  of  engineers. 

3.  Ofllcers  to  report,  on  arrival  at  fire,  for  orders. 

4.  Of  moving  engines  at  fires. 
6.  Duties  of  foreman. 

6.  Same  subject. 

7.  Absent  members  may  be  discharged,  when. 

8.  Companies,  &c. ,  doing  special  duty. 

9.  Members    leaving  department,    city    property    must    be 

returned. 

10.  Dry  hose. 


133  ^II^E  DEPARTMENT. 

11.  Nominations. 

12.  Drivers  shall  not  act  as  substitutes. 

13.  Rule  for  engine  men. 

14.  Printed  copy  of  rules  for  each  member. 

15.  One  line  of  hose  to  a  post  hydrant. 

16.  Corporation  badge. 

17.  Badge  not  to  be  lent. 

18.  Lost  badge. 

19.  Bad  conduct  of  fireman.     Report. 

20.  Substitutes. 

21.  Temporary  new  regulations. 

22.  Two  men  and  driver  to  a  hose  carriage. 

Statutes. 

1 .  All  powers  relating  to  the  fire  department  are  vested 

Powers  of  fire  by   the    clty    charter,  in   the   mayor  and  aldermen,  and 
department,  in  -i     -c  xu         -^         4?  -o     ^.i       ^    ^     i  •      j 

whom  vested    common  council  of  the  city  of  Portland,  to  be  exercised 
City  charter,      by  concurrent  vote,  each  board  to  have  a  negative  on  the 
§^-  other. 

2.  Any  town,  corporation  or  individuals  providing  fire 

pr^rih'^ruies  engines,  hose,  ladders,  or  bther  apparatus  for  the  extin- 

for  care  and     guishment  of  fires,  or  the  preservation  of  life  or  property 

management     fj.Qjjj  destruction  at  fires,  may  by  ordinances  or  by-laws, 
of  Are  engines  ->         j       j  j  ■> 

and  apparatus,  prescribe  rules  and  regulations  for  the  care  and  manage- 

R.  s.,  1871,  c.  ment  thereof,  for  the  employment  and  compensation  of 

_for  men,  not  exceeding  sixty  to  each  engine,  whether  engine 

employment  men  or  other  persons,  for  the  appointment  of  officers  to 

—  for  govern  them   when  on   duty   and   take    charge  of   such 

appointment  apparatus,  and  may  prescribe  their  style,   rank,  powers 

of  officers.  and  duties. 

3.  The  engineers,  or  other  oflScers  chosen  by  any  town 
Officers  so         under  the  provisions  of  any  ordinance  or  by-law,  shall 

exercise  in  addition  to  the  powers  thereby  conferred,  all 


chosen  have 
powers  of  fire 


wards.  the   powers  and   duties  of   fire   wards   as   prescribed  in 

Ibid.   §2.  chapter  twenty-six  R.  S.,  of  1871,  unless  restricted  by 

the  ordinance  or  by-law  under  which  they  are  chosen  ;  and 
forTcts^of.^  ^^^^  towns  shall  be  responsible  for  the  ucts  of  their  said- 
officers,  as  they  are  for  the  acts  or  orders  of  fire  wards 
in  similar  cases  ;  and  such  firemen  and  enginemen,  so 
employed,  shall  have  all  the  powers  and  privileges,  and 
Powers  ^®  subject  to  all  the  duties  and  liabilities  of  engine  men, 

privileges  and  as  prescribed  in  said  chapter  twenty-six  of  the  Revised 

duties  of  men   oj.  x   j. 

fio  employed.    Statutes. 


FIRE  DEPARTMENT.  189 

4.  Such  engine  men  shall  be  excused  from  serving  as  Engine  men 

jurors  in  any  court,  unless  their  towns  otherwise  decide  ;   excused  from 
•'      .  •'  serving  as 

continue  in  office  during  the  pleasure  of  the  municipal  jurors. 

officers  ;  meet  annually  to  elect  such  officers  as  are  deemed  ^^<^-  §  ^• 

necessary  to  give  efficiency  to  their  operations  ;  establish 

such  rules  and  fegulations,  respecting  their  duty,  as  are 

approved  by  said  municipal  oifficers  and  not  repugnant  to 

the  laws  of  the  State,  and  affix  penalties  to  be  recovered 

by  their   clerk  not   exceeding  six  dollars   for  any  one 

offence. 

5.  Companies  of  engine  men  shall  meet   once   every  Duties  of 
month,    and  oftener  if   necessary,  for  the   purpose   of    engine 

..  ,  -,.  .  ,,  1  companies. 

exammmg  the  state  of  their  engmes  and  the  appendages  ibid.  §4. 
thereof  ;  and  by  night  or  by  day,  without  delay,  under  the 
direction  of  the  fire  wards  of  the  town,  they  shall  use  their 
best  endeavors  to  extinguish  any  fire  therein,  or  in  the 
immediate  vicinity  thereof,  that  comes  to  their  knowledge. 

6.  When  any  engine  man  or  any  member  of  a  company  Discharge  of 
ororanized  under  special  laws  is  negliojent  in  the  discharsje    negligent 

,   ,  .      ,      .         .       !  .    .  .,..!«.  engine  men, 

of  his  duties,  m  the  opinion  of  the  municipal  orncei-s;  on    and  selection 
proof  thereof  they  shall  discharge  him  from  the  company,    of  engine  men 
and  appoint  some  other  person  in  his  stead,  and  they  may    duties  at  fires, 
select  from  the  engine  men  any  number  for  each  engine  ibid.  §  5. 
in  said  town,  who  shall,  under  the  direction  of  the  fire 
wards,  attend  fires  therein  with  axes,  fire  hooks,  fire  sails 
and  ladders,  and  perform  such  further  duty  as  said  officers 
from  time  to  time  prescribe. ^ 

7.  Each  town,  at  its  annual  meeting,  may  elect  as  many  Election  of  fire 
fire  wards  as  are  deemed  necessary ;  and  each  person  so  ^^^.^  * 
chosen  shall  be  notified  in  three  days,  and  shall  enter  his  Penalty  for  not 
acceptance  or  refusal  of  the  office,  with  the  town  clerk,  ?Jft^!*"^' 

*■  iDld.  9  b. 

within  three  days,  after  such  notice,  on  penalty  of  ten 
dollars,  unless  exaused  by  the  town  ;  and  if  excused  the 
town  shall  elect  another  in  his  place. 

8.  When  a  fire  breaks  out  in  any  town,  the  fire  wards  shall  Duty  of  fire 
immediately  attend  at  the   place   with  their  badges   of   wards  and 

•^  ,    ,  ,.  otherofficers 

office  ;  and  when  there,  any  three  of  them  may  direct  any    j^j  f^^^ 
building  to   be  pulled   down   or   demolished,   that  they  ibid.  §  7. 

1  As  to  obstructions  caused  on  street  by  firemen,  see  Davis  v.  Winslow,  51 
Maine,  264. 


190 


FIRE  DEPARTMENT. 


Power  of  fire 
wards  at  fires. 


Penalty  for 

refusing  to 

obey. 
Ibid.  §  8. 

I 
officers 

appointed 

under  specia, 

laws,  may 

demolish 

buildings, 

when. 
Ibid.  §  9. 


Compensation 
for  building 
demolished. 

Ibid.  §  10,  1871, 
c.  207. 

Recovery,  by 
action  on  the 
case. 

Plundering  at 
fires  declared 
larceny. 


judge  necessary  to  prevent  the  spread  of  the  fire  ;  but  in 
their  absence  the  major  part  of  the  municipal  or  any 
two  civil  or  military  officers  present,  shall,  in  the  order 
they  are  named,  have  the  same  power. ^ 

9.  During  the  continuance  of  any  fire,  said  fire  wards  or 
other  oflBcers  may  require  assistance  in  extinguishing  the 
fire  and  removing  merchandise  and  furniture ;  appoint 
guards  to  secure  the  same,  and  aid  in  pulling  down  or 
demolishing  buildings  and  suppressing  disorder  and  tumult ; 
and  generally  direct  all  operations  to  prevent  further 
destruction  or  damage  ;  and  any  person  refusing  to  obey 
their  orders  shall  forfeit  the  sum  of  ten  dollars. 

10.  The  chief  engineer,  engineers,  fire  wards,  and  other 
officers  appointed  for  particular,  localities  under  the  pro- 
visions of  special  laws,  shall  have  the  same  power  as  to 
pulling  down  or  demolishing  any  building  to*  prevent  the 
spreading  of  fires,  and  as  to  other  things  affecting  the 
extinguishment  thereof,  as  fii-e  wards  now  have  by  law ; 
and  the  town  to  which  they  belong  shall  be  liable  to  pay 
such  compensation  for  damages  consequent  upon  their 
acts,  as  other  towns  are  liable  to  pay  for  similar  damages  ; 
and  the  members  of  the  fire  department  in  such  localities 
shall  enjoy  all  the  privileges,  and  be  liable  to  all  the  duties 
of  other  firemen  in  the  State  ;  but  nothing  herein  shall  be 
construed  to  control  the  manner  of  their  election. 

11.  If  the  pulling  dowm  or  demolishing  any  building, 
except  that  in  which  the  fire  originated,  is  the  means  of 
stopping  the  fLre,  or  if  the  fire  is  stopped  before  it  comes 
to  the  same,  then  the  owner  of  such  building  shall  be 
entitled  to  a  reasonable  compensation  therefor  from  the 
town,  to  be  recovered  in  a  special  action  on  the  case.^ 

12.  If  any  person  steals,  carries  away,  or  conceals  any 
property  not  his  own,  at  a  fire,  or  exposed  by  reason 
thereof,  and  does  not  give  notice  of  it  to  the  owner  or  one 


2  Power  of  one  of  municipal  officers  to  direct  building  to  be  pulled  down. 
Frankfort  t\  County  Commissioners,  40  Maine,  389.  ^'^^lole  question  fully 
discussed  by  Judge  Clifford  in  Bowditch  v.  Boston,  Circuit  Court,  U.  S. 
printed  in  full  in  Boston  Daily  Advertiser,  September  4,  1876.  j 

3  Under  a  similar  statute  in  Massachusetts  it  is  held  that  a  city  is  not  liable 
for  a  personal  injury  resulting  from  the  negligence  of  officers  and  members 
of  the  fire  department  in  performing  their  duties.  Fisher  v.  Boston,  104 
Mass.  87. 


FIRJl  DEPARTMENT.  191 

of  the  fire  wards,  he  shall  be  deemed  guilty  of  larceny  R.  S.,i87i,c. 
and  punished  accordingly.  '  ^    ' 

13.  No  person  shall  occupy  any  tenement,  in  any  maritime  p^^^^jj  ^^^ 
town  for  the  business  of  a  sail  maker,  rigarer,  or  keeper   occupying 

'       ^*^     '  ^         tenement  for 

of  a  livery  stable,  except  where  the  municipal  officers    sail  maker, 

•'  *  '■  rigger  or 

direct ;  and  any  person  who  offends  against  this  section,    Uverj- stable, 

•^   ^  '^  '     except  as 

shall  forfeit  ten  dollars  a  month  during  the  contmuance   municipal 

officers  direct. 

of  such  occupancy,  with  costs.  ibid.  §  16. 

14.  When  a  chimney,  stove,  stove  pipe,  oven,  furnace, 
boiler,    or  appurtenances  thereto  are  defective,    out  of  officers  to 
repair,  or  so  placed  in  any  building  as  to  endanger  it  or  direct 
any  other  building  by  communicating   fire   thereto,  the  chimneys  to 
municipal  oflScers  on  complaint  of  any  fire  ward,  or  other  be  removed  or 
citizen,  being  satisfied  by  examination  or  other  proof  that  ^^g^  ' 
such  complaint  is  well  founded,  shall  give  written  notice  to  penalty, 
theowneroroccupierof  such  building,  and  if  he unnecessa-        '^  '' 
rily  neglects  for  three  days  to  remove  or  repair  the  same 
effectually,  he  shall  forfeit  not  less  than  ten,  nor  more 

than  one  hundred  dollars. 

15.  No  person  shall  enter  any  mill,  factory,  machine 
shop,  ship  yard,  covered  bridge,  stable  or  other  building, 
having  with  him  a  lighted  pJ^e  or  cigar,  or  shall  light  or 

smoke  any  pipe  or  cigar  therein,  under  a  penalty  of  five  ^.^"^^f^  '^^ 
dollars,  if  a  notice  in  plain,  legible  characters  is  kept  up    smoking  pipe 
in  a  conspicuous   position   over  or  near   each  principal    or  cigar  in 
entrance  to  such  building  or  place,  that  no  smoking  is  j^id.  §i8. 
allowed  therein ;  and  if  any  person  defaces,  removes,  or 
destroy es  any  such  notice,  he  shall  forfeit  ten  dollars. 

16.  If  any  person  kindles  a  fire  by  the  use    of  fire 

arms  in  hunting  or  fishing,  or  by  any  other  means,  on  ^ndiing^fire 
land  not  his  own,  without  consent  of  the  owner,  he  shall   on  land  with- 
f orf eit  ten  dollars  ;  and  if  such  fire  spreads  and  does  any    ^^^  er°  4°'  ^ 
damage  to  the  property  of  others,  he  shall  forfeit  a  sum  ibid.  §  19. 
not  less  than  ten,  nor  more  than  five  hundred  dollars  and 
costs,  according  to  the  aggravation  of  the  offense ;  and 
in  either  case,  shall  stand  committed  till  the  fine  and  costs 
are  paid. 

17.  If  any  person  with  intent  to  injure  another,  kindles 
or  causes  to  be  kindled  a  fire  on  his  own  or  another's 
land  and  thereby  the  property  of    any  other  person  is 


192 


FIRE   DEPARTMENT. 


Penalty  for 
kindling  fire 
with  intent  to 
injure 
another,  &c. 

Ibid. §  20. 

Lawful  fires  to 
be  kindled  at 
suitable  time, 
&c. 

Ibid.  §  21. 


Municipal 
officers  tomake 
regulations 
respecting 
gittipowder, 
explosive 
oils  and 
substances. 

R.  S.,  1871,  c.26, 
§24. 

See  also  R.  S., 
c.  17,  §  8. 

R.  S.,  1871,  c.  39, 
§3l;1877,c.219. 

Penalty. 


Persons 
injured  by 
explosion  may 
recover  dam- 
ages. 

R.  S.,  1871,  c.  26, 
§25. 

Power  of  mu- 
nicipal officer 
to  search  for 
gunpowder. 

Ibid.  §  26. 

Regulations 
not  be  in  force 
until  pub- 
lished. 


injured  or  destroyed,  he  shall  be  punished  by  a  fine  of 
not  less  than  twenty,  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  not  less  than  three  months,  nor  more 
than  three  years,  according  to  the  aggravation  of  the 
offense. 

18.  Whoever  for  a  lawful  purpose  kindles  a  fire  on  his 
own  land,  shall  do  so  at  a  suitable  time  and  in  a  careful 
and  prudent  manner  ;  and  shall  be  liable,  in  an  action  on 
the  case,  to  any  person  injured  by  his  failure  to  comply 
with  this  provision. 

19.  In  every  town,"*  the  municipal  officers  may  make  reg- 
ulations, in  conformity  to  which  shall  be  kept  in  the  town 
or  transported  from  place  to  place  all  gunpowder, 
petroleum,  coal  oils,  burning  fiuids,  naphtha,  benzine  and 
all  explosive  and  illuminating  substances  which  such 
officers  shall  adjudge  dangerous  to  the  lives  or  safety  of 
citizens  ;  and  no  person  shall  keep  any  of  said  articles  in 
any  other  quantity  or  manner  than  is  prescribed  in  such 
regulations,  under  a  penalty  of  not  less  than  twenty  nor 
more  than  one  hundred  dollars  for  each  offence  ;  and  all 
such  articles  may  be,  seized  by  any  of  said  officers  as 
forfeited  ;  and  within  twenty  days  after  such  seizure,  be 
libelled  according  to  law.^ 

20.  A  person  injured  by  the  explosion  of  such  articles 
in  possession  of  any  person  contrary  to  the  regulations 
established  as  aforesaid  may  have  an  action  for  damages 
against  such  possessor,  or  against  the  owner  thereof,  if 
conusant  of  such  neglect. 

21.  Any  municipal  officer,  with  a  lawful  search  warrant, 
may  enter  any  building  or  other  place  in  his  town  to 
search  for  such  articles  supposed  to  be  concealed  there 
contrary  to  law. 

22.  The  rules  and  regulations,  established  in  any  town 
according  to  the  twenty-fourth  section  of  chapter  26,  R. 
S.,  shall  not  be  in  force  till  they  have  been  published 
three  weeks  successively  in  a  newspaper  in  the  county,  or 


*  See  R.  S.,  1871,  c.  26,  §  23.  Burden  on  plaintiff  to  show  neglect.  The  fol- 
lowing cases  discuss  the  whole  question  embraced  in  above  sections : 
Baehelder  v.  Heagan,  18  Maine,32;  Hewey  v.  Nourse,  54  Maine,  256;  Stur- 
gis  V.  Robbins,  62  Maine,  289. 

6  See  title  "  Gunpowder." 


FIRE  DEPARTMENT.  193 

by  posting  up  attested  copies  of  them  in  three   public  see  Gunpow- 
places  in  such  town.     The  penalties  provided  for  in  this    ^^^'  "®^* 
chapter  may  be  recovered  by  complaint,  indictment,  or  njid.YiT. 
action  of   debt  in  any  court  of  competent  jurisdiction, 
one-half  to  the  use  of  the  town  where  the  offence  is  com-    recovered  and 
mitted ,  and  other  half  to  the  use  of  the  person  prosecuting    appropriated. 

. ,  -  Ibid.  §  28. 

therefor. 

23.' The  municipal  officers  may  require  the  owner  or  innkeepers  to 
keeper  of  any  public  house,  where  travellers  are  lodged,    provide  means 
to  provide  suitable  and  sufficient  ladders  and  fire  escapes    o^  escape  from 

^  *  fires,  when 

from  the  different  stories  of  such  house,  easily  accessible    required. 
to  each  lodgrer  in  case  of  fire.  ^*  S-.i8"i,c.27, 

^  §6. 

24.  If  such  officers  give  notice  to  any  such  owner,  or 

^  -^  Time  allowed, 

keeper,  to  provide  such  ladders  and  fire  escapes,  sixty  njid.  §  7. 

days  shall  be  allowed  to  provide  the  same ;  and  any  pg^^j^^  f^^ 
owner  or  keeper  who  neglects  to  comply  with  such  requu*e-  neglect, 
ment  within  sixty  days  after  notice  from  such  officers, 
shall  forfeit  not  less  than  fifty  nor  more  than  three  hun- 
dred dollars  fdr  each  month  he  so  neglects,  to  be 
recovered  in  the  name  and  to  the  use  of  such  town,  in  an 
action  of  debt. 

25.  Whoever  sells,  offers  for  sale,  or  gives  away  any  penalty  for 
crackers,  squibs,  rockets,  or  other  fire  works,  or  fires  or    selling,  giving 
throws  the  same  in  any  town,  without  the  license  of  the    fireworks 
municipal  officers  thereof,  shall  be  punished  by  fine  not    without 
exceeding  ten  dollars,  to  the  use  of  such  town.  r^T.°1871  c. 

26.  A  town,  at  its  annual   meeting,   may  prohibit  the    128,  §2. 
burning  of  bricks,  or  the  erecting  of  brick  kilns  within  ^^^^^j^  bricks 
such  parts  thereof  as  they  deem  for  the  safety  of    the    in  parts  of  a 
citizens  or  their  property.    And  if  any  person,  by  himself   townproWb- 

4.U  -1^1  u-x,-^-         ^1  '   •      ^     ^  itedbyvote; 

or  others,  violates  such  prohibition,  the  municipal  oincers    nuisances. 

shall   cause  said  bricks   or  brick  kiln    to    be  forthwith  RS., I87i,c.i7, 

removed,  at  the  expense  of  the  owner  thereof ;  and  the 

offender  shall    be   liable    to  a   fine   not   exceeding   two 

hundred  dollars  to  the  use  of  said  town.     And  if  said 

bricks  or  brick  kiln  are  not  removed  before  a  conviction 

the  court  may  issue  a  warrant  for  the  removal  thereof,  or 

stay  it  as  hereafter  provided,  in  chapter  17,  R.  S.,  1871. 


194 


FIRE  DEPARTMENT. 


Watei'  not  to  be 
taken  fi-om 
reservoirs. 

Rev.  Ord.  1868. 


Ibid. 


Bonfires,  &c. 
not  to  be  made. 
Rev.  Ord. 


Penalty. 
Ibid. 

Penalty  for 
carrying  fire, 
except,  &c. 

Ibid. 


Penalty  for 
discharging 
firearms.    • 

Proviso. 


Ibid. 


Ordinances. 

GENERAL    PROVISIONS. 

1.  If  any  person  shall  take  any  water  froni  any 
reservoir  or  well  where  there  is  no  pump,  belonging 
to  the  city,  for  any  purpose  whatever,  except  for  the 
extinguishment  of  fires  or  the  use  of  the  fire  depart- 
ment, without  first  having  obtained  permission  in 
wanting  from  the  mayor,  he  shall  pay  for  each  offense 
not  less  than  five  nor  more  than  twenty  dollars. 

No  person,  when  authorized  by  the  mayor  and 
aldermen  to  encumber  any  street  with  materials  for 
building,  or  under  any  circumstances,  shall  deposit 
any  such  materials  or  rubbish  of  any  kind  upon  any 
city  reservoir,  or  in  any  such  manner  as  to  interfere 
with  the  convenient  use  of  such  reservoir,  under  a 
penalty  of  not  less  than  twenty  dollars  nor  exceeding 
fifty  dollars  for  each  offense.  If  any  such  reservoir 
shall  be  so  obstructed,  the  chief  engineer  shall  at 
once  cause  the  obstructions  to  be  removed  at  the 
expense  of  the  persop  or  persons  making  such 
obstructions. 

2.  If  any  person  shall  make  any  bonfire,  or  other 
fire  in  any  of  the  streets,  squares,  commons,  lanes,  or 
alleys,  or  on  any  wharf  within  the  city,  without  the 
license  of  the  mayor  and  aldermen,  he  shall  be  pun- 
ished by  a  fine  not  exceeding  twenty  dollars. 

3.  No  person  shall  ca^ry  fire  from  any  house  or 
place  to  any  other  house  or  place  in  the  city,  except 
in  some  covered  pan  or  vessel,  so  as  to  secure  the  fire 
from  wind  and  from  being  scattered  by  the  way,  under 
a  penalty  of  not  less  than  three  dollars  for  each  offense. 

4.  No  person  shall  fire  or  discharge  any  gun,  fowl- 
ing piece,  or  fire  arms  within  the  limits  of  the  city  of 
Portland  under  a  penalty  for  every  such  offense  of  not 
less  than  one  nor  more  than  twenty  dollars  ;  provided , 
however,  that  this  section  shall  not  apply  to  the  use 
of  such  weapons  at  any  military  exercise  or  review, 


•  FIRE  DEPARTMENT.  195 

or  in  the  lawful  defense  of  the  person,  family,  or 
property  of  any  citizen. 

5.  No  person  shall  erect,  make,  or  fire,  or  cause  Penalty  for 
to  be  erected,  made,  or  fired,  within  any  part  of  the   ^stng  brick 
city,  any  brick  kiln  or  lime  kiln,  without  license  of  kiins  without 
mayor  in  writing,  designating  the  place  of  guch  kiln,  i^^^^'^' 
under  a  penalty  of  not  less  than  five  nor  more  than 

twenty  dollars,  and  a  like  sum  for  every  week  he  shall 
continue  such  kiln,  after  notice  to  remove  the  same. 

6.  If  any  person  shall  wilfully  or  maliciously  give,    fl°se  alarms. 
or  cause  to  be  given,  a  false  alarm  or  cry  of  fire  by  ^^'^• 
outcry  or  ringing  an  alarm  bell,  or  striking  an  alarm 

at  any  box  of  the  tire  telegraph,  he  shall  pay  for  each 
offense  a  penalty  not  less  than  twenty  nor  more  than 
fifty  dollars. 

7 .  If  any  person  shall  remove  any  ladder  provided  penalty  for 
by  the  city  to  be  used  at  fires,  from  the   place  of  removing  lad- 

1  .       /,  ,'...,•  dersfrom 

deposit,  for  any  purpose  but  that  of  assisting  m  the   places  of  de- 
extinguishment  of  fire,  such  person  shall  pay  for  each   ^^^^'  except, 
offense  a  sum  not  less  than  ^ve  nor  more  than  ten  ord.  ises. 
dollars. 

8.  If  any  chimney,  stove-pipe,  or  flue  shall  take  Burning  chim- 
or  be  set  on  fire,  the  owner  or  occupant  of  the  building   ^^y^,  &c. 
or  tenement  to  w^hich  such  chimney,  stove-pipe,  or 

flue  appertains,  shall  forfeit  and  pay  the  penalty  of 
two  dollars  for  each  offense^ ;  jpi^ovided,  however,  that 
any  person  may  lawfully  burn  out  or  set  fire  to  his 
chimney,  stove-pipe,  or  flue,  at  any  time  between 
sunrise  and  noon,  if  the  roofs  of  his  own,  and  the 
buildings  contiguous  are  thoroughly  wet  with  rain,  or 
covered  with  snow. 

9.  If  any  person  not  a  member  of  the  fire  depart-  Persons  not 

.  members  of 

ment  shall,  when  the  department  is  on  duty,  wear  any   departnient 
bado^e  or  other  insijjnia,    representino:  himself  as  a   f^oju  wearing 

~  o        '  1  o  badges  or 

member  of  the  fire  department,  he  shall,  upon  com-   a'lS^fo^sJ'^"' 
plaint  of  any  engineer  or  officer  of  the  fire  department,  oid  5uiy  so, 
pay  a  penalty  of  not  less  than  two  nor  more  than  five  i^^'i  ^;  ,„„„ 

*^        ■*■  "  Rev.  Ord.  looo. 

dollars  for  each  offense. 


196 


FIRE   DEPARTMENT. 


Hydrants  used 
only  for  extin- 
guishment of 
fires. 

Ord.  Oct.  13, 
1870. 


Driver  or 
owner  of  ve- 
hicle running 
over  hose 
of  fire  depart- 
ment subject 

to  prosecution. 

Ord.  Aug.  29, 
1873. 


10.  That  hydrants  shall  be  used  only  for  the  extin- 
guishment of  fires,  except  by  the  Avritten  permission 
of  the  mayor,  or  the  chief  engineer  of  the  fire  depart- 
ment. Any  person  violating  this  ordinance  shall  be 
liable  to  a  penalty  not  exceeding  twenty  dollars. 

11.  If  any  loaded  wagon,  cart,  street  rail  car,  or 
other  vehicle  be  driven  over  the  hose  belonging  to  the 
fire  department  of  the  city  of  Portland,  laid  in  the 
streets  at  the  occurrence  of  any  fire  in  the  city,  or  at 
any  alarm  of  fire,  the  driver  or  owner  or  owners  of 
such  vehicles  shall  be  subject  to  prosecution  before 
the  municipal  court  of  said  city  ;  and  upon  conviction, 
shall  be  fined  in  any  sum  not  .exceeding  ten  dollars 
for  the  first  offense  ;  and  upon  any  subsequent  con- 
viction for  the  same  offense  shall  be  subject  to  a  fine 
of  not  more  than  fifty  dollars,  at  the  discretion  of  the 
court,  with  costs  of  jirosecution. 


Fire  depart- 
ment, how 
organized. 


Election. 

Ord.  July  2, 

1872. 


Rank  of  engi- 
neers, how 
determined. 


FOR  THE  GOVERNMENT  OF  THE  FIRE  DEPARTMENT. 

1.  The  fire  department  shall  consist  of  a  chief 
engineer,  four  assistant  engineers,  and  as  many  fire- 
men, to  be  divided  into  companies,  as  the  city  council 
shall,  from  time  to  time  deem  expedient.  And  the 
election  of  said  engineers  shall  take  place  on  the 
second  Monday  in  March  annually ;  (but  vacancies 
may  be  filled  at  any  time)  ;  and  the  said  chief  and 
other  engineers  shall,  on  their  appointment,  receive  a 
written  or  printed  certificate  or  warrant  in  the  follow- 
ing words,  viz :  • 

"This   certifies,   that is   appointed   an 

an  engineer  (or  chief  engineer)  ;  of  the  fire  department 
of  the  city  of  Portland,  and  is  clothed  with  all  the  powers, 
and  entitled  to  all  the  immunities  belonging  to  said  office. 

Given  under  my  hand  this  —  day  of  —  A.  D.  18 

Mayor. 

City  Clerk. " 

The   respective   rank   of  the   engineers    shall   be 
determined  by  the  city  council ;  and  the  city  council 


FIRE-DEPARTMENT.  197 

may  at  any  time  remove  from  office  the  chief  engineer, 
or  any  of  the  other  engineers,  and  may  discharge  all 
of  them,  if  the  interests  of  the  city  require  such 
removal  or  discharge. 

2.  The   engineers   so   appointed   shall   meet   and  organization 
organize;  a  majority  shall  form  a  quorum;  in  the   of  board  of 
absence   of  the   chief,   the  engineer    next   in   rank  ibid.  §2. 
present,  shall  be  the  presiding  officer,  (and  shall  at 

all  other  times  in  his  absence  perform  his  duties.) 
They  may  appoint  a  secretary  and  other  officers,  and 
make  such  rules  and  reo^ulations  for  their  own  «rov- 
ernment  as  they  may  deem  expedient,  subject  to  the 
approval  of  the  city  council. 

3.  The  engineers  shall,    at   all  times,   have   the  power  of 
superintendence  and  control  of  all  buildings,  furaiture   ^"»^®®^s- 
and  apparatus  used  for  the  purposes  of  the  depart- 
ment, over  the  officers  and  members  of  the  several 
companies  attached  to  the  department,  and  over  all 
persons  present  at  fires.     And  they  may  make  such 

rules  and  regulations  for  the  government  of  the 
department,  and  for  the  extinguishment  of  fires  as 
they  shall  deem  expedient ;  the  same  not  being 
repugnant  to  the  laws  of  the  State,  and  being  subject 
to  the  approval  of  the  city  council. 

4.  It  shall  be  the  duty  of  the  engineers,  at  such  times 
as  they  n^ay  deem  expedient  to  examine  or  cause  to 
be  examined,  premises  where  fire  is  at  any  time  used, 
and  where  danger  is  apprehended  therefrom ;  to 
examine  imto  all  places  where  shavings  or  combusti-  t^  ^.^use  com- 
ble  materials,  or  where  ashes  may  be  collected  or  ^ustibies  to  be 
deposited,  and  to  direct  such  alterations,  repairs,  or 
removal  to  be  made  in  such  case  as  may  be  required, 
whenever  in  the  opinion  of  any  two  of  the  engineers 
they  may  be  considered  dangerous  to  the  security  of 
the  city  from  fire.  And  in  case  of  the  neglect  or 
refusal  of  the  owner  or  occupant  of  such  building  to 
make,  or  commence  to  make  such  alteration,  repair, 


Ibid.  §4. 


198 


FIRE   DEPARTMENT. 


To  demolish 
buildings  at 
fires,  when. 

Ibid.  §  5. 


Board  of  engi- 
neers may 
suspend  com- 
panies and 
officers  for 
improper 
conduct. 

Ibid.  §  6. 


or  removal,  within  forty-eight  hours  after  notice,  said 
engineers  may  cause  the  same  to  be  done  at  the  expense 
of  said  owner  or  occupant ;  and  if  such  owner  or 
occupant  shall  neglect  or  refuse  to  pay  such  expense 
on  demand  of  said  engineers,  he  or  she  shall  forfeit 
and  pay  not  less  than  one  or  more  than  thirty  dollars, 
to  be  determined  by  the  city  council.  And  for  such 
services  the  engineers  shall  receive  such  compensation 
as  the  city  council  may  direct. 

5.  Whenever  it  shall  be  determined  at  any  fire,  by 
any  three  or  more  engineers,  one  of  whom  shall  be 
the  chief  engineer  (if  present  or  in  his  absence,  the 
engineer  next  in  rank  who  may  be  present) ,  or  a 
majority  of  any  greater  number  who  may  be  present 
at  such  consultation,  to  be  necessary  to  pull  down  or 
otherwise  demolish  any  building,  the  same  may  be 
done  by  their  joint  orders.  And  they  shall  have  the 
sole  and  absolute  control  of  all  streets,  lanes,  side- 
walks and  squares  in  the  vicinity  of  such  fire ;  and 
may  close  up  or  exclude  persons  or  vehicles  from 
passage  through  such  places,  for  such  length  of  time 
as  may  be  necessary  for  the  preservation  of  order  and 
the  extinguishment  of  fires. 

6.  A  majority  of  the  board  of  engineers  shall  have 
full  power  to  suspend  from  duty  any  company  that 
shall  wilfully  neglect  or  refuse  to  perform  their  duty, 
or  shall  be  guilty  of  disorderly  conduct,  or  of  disobe- 
dience to  the  orders  of  either  of  the  engineers ;  or 
for  violation  of  any  of  the  rules  and  regulations  of 
the  department.  They  shall  also  have  full  power  at 
any  time  to  suspend  (for  sufficient  cause)  an}^  oflScer  or 
member  of  the  department ;  and  whenever  a  company, 
officer  or  member  of  the  department  shall  be  thus 
suspended,  they  shall  report  the  facts  of  the  case  to 
the  city  council  for  final  action,  unless  they  shall  have 
reinstated  such  company,  officer  or  member  prior  to 
the  next  meeting  of  the  city  council. 


FIHE  DEPARTMENT.  199 

7.  Engine  companies  shall  consist  of  a  foreman,  Engine com- 
clerk,  engineman,  fireman,  and  as  many  hosemen  as   ^mposel 
the  city  council  and  board  of  engineers    shall  deem 
sufficient.     And  hook  and  ladder  and  hose  companies 

shall  consist  of  a  foreman,  clerk  and  steward,  and  as 
many  h  ook  and  ladder  men  and  hosemen  as  the  city 
council  and  board  of  engineers  shall  deem  sufficient. 

8.  The  chief  engineer  shall  have  control  of  all  the  ibid.  §7. 
engineers  and  other  persons  attached  to  the  fire  de-  ^duties  o°*chief 
partment ;  and  shall  direct  all  proper  measures  for   engineer, 
the  extinguishment  of  fires,  protection  of  property,  ^^•^•§^- 
preservation  of  order  and  observance  of  the  rules  and 
companies  attached  thereto,  as  often  as  circumstances 

may  render  it  expedient,  or  whenever  directed  by  the 
city  council  or  the  committe  on  fire  department ;  and 
annually  to  report  the  same  to  the  city  council,  and 
oftener  if  thereto  requested.  Also  to  cause  a  full 
description  of  the  same,  together  with  the  name  and 
age  of  the  officers  and  members  of  the  department, 
to  be  published  annually,  in  such  manner  as  the  city 
council  shall  direct.  And  whenever  the  apparatus  or 
hydrants  used  by  the  department  require  repairs, 
additions  or  alterations,  thei^hief  engineer,  under  the 
direction  of  the  committee  on  fire  department  shall 
cause  the  same  to  be  made  ;  and  annually  to  report 
an  account  of  the  loss  by  fires,  as  near  as  can  be  as- 
certained, together  with  the  names  of  the  owners  and 
occupants.  He  shall  have  the  control  of  all  reservoirs 
and  superintend  the  construction  and  repairs  of  the 
same  under  the  direction  of  the  committee  on  fire 
department,  and  visit  the  stores  or  shops  of  all  licensed 
dealers  in  gun  powder,  at  such  times  as  he  may  deem 
expedient,  to  see  that  the  rules  and  regulations  estab- 
lished by  the  mayor  and  aldermen  in  relation  to  gun 
powder  are  complied  with,  and  and  to  prosecute  all 

12 


200 


FIRE   DEPARTMENT. 


City  council 
may  form 
engine,  hook 
and  ladder, 
and  hose  com- 
panies, &c. 
Ibid.  §  19. 


Foreman  and 
clerk,  how 
chosen. 

Ibid.  §  10. 


Companies 
may  make 
rules,  &c. 


Monthly  and 
othermeetings 
of  companies. 

Ibid.  §  11. 


violations   of  the  same  in  accordance  with  section 
•eleven  of  said  rules  and  regulations. 

9.  As  many  engine,  hook  and  ladder  and  hose  com- 
panies shall,  from  time  to  time,  be  formed  by  the  city 
council  as  they  may  deem  expedient.  The  selection 
of  members  and  enginemen  for  new  companies  to  be 
made  by  the  board  of  engineers,  subject  to  the  ap- 
proval of  the  city  council.  And  no  person  under  the 
age  of  twenty-one  years  shall  be  admitted  a  member 
of  the  department. 

10.  The  foreman  and  clerk  as  provided  for  in  sec- 
tion seven,  shall  be  nominated  by  the  members  of  the 
several  companies,  at  meetings  held  on  the  first  Mon- 
day of  January  annually,  or  at  an  adjournment  of  the 
same,  (to  be  held  within  one  week  of  the  annual 
meeting),  and  their  names  sent  to  the  board  of 
engineers  ;  and  being  approved  by  them  shall  be  sent 
to  the  city  council  for  their  approval.  If  approved, 
they  shall  each  receive  a  certificate  of  appointment, 
signed  by  the  aforesaid,  and  any  company  failing  to 
nominate  oj96lcers  at  their  annual  meeting,  or  an 
adjournment  thereof,  the  board  of  engineers  shall 
appoint  such  officers  aatthey  may  deem  expedient, 
subject  to  the  approval  of  the  city  council.  The  sev- 
eral companies  may  make  rules  and  regulations  for 
the  internal  government  of  their  companies,  subject 
to  the  approval  of  the  board  of  engineers ;  a  copy  of 
which  shall  be  deposited  with  said  board. 

11.  On  the  first  Monday  evening  of  every  month, 
(and  no  oftener  except  by  order  or  permission  of  the 
chief,  or  board  of  engineers,  or  as  provided  in  section 
ten),  the  companies  shall  meet  for  the  transaction  of 
business ;  and  whenever  the  chief  or  board  of  engi- 
neers shall  consider  it  necessary,  the  companies  shall 
meet  for  the  purpose  of  working  their  respective 
apparatus,  and  in  no  case  shall  buildings  used  by  them 
be  occupied  as  places  of  general  resort  or  rendezvous. 


FIRS  DEPARTMENT.  201 

12.  The   companies   respectively    shall  charge  to  Fines  for 
members  a  fine  of  fifty  cents  for  non-attendance  at  i^l*^^.^' 
any  fire,  and  fifteen  cents  for  non-attendance  at  any 
meeting   of  the  company ;    and  said  fines  shall  be 
deducted  by  the  city  treasurer  from  the  pay  of  each 
member  and  refunded  to  the  several  companies. 

13.  There  shall  be  paid,  semi-annually,  in  July  and  Pay  of  mem- 
January,  to  each  member  or  the  respective  companies,    panics, 
(except  enginemen  who  may  be  paid  oftener  if  expe-  J^^^l^  §  ^^ 
dient) ,  such  sums  as  the  city  council  may,  from  time 

to  time,  determine.  And  in  case  of  the  temporary 
absence  of  any  member  from  the  city,  or  inabililty  to 
perform  his  duties  in  consequence  of  sickness,  he  shall 
provide  a  substitute,  who  shall  be  at  least  twenty-one 
years  of  age,  whose  name  he  shall  return  to  the  fore- 
man of  the  company,  who  shall  present  the  same  to 
one  of  the  board  of  engineers  for  approval ;  failing 
in  which,  he  shall  be  subject  to  all  deductions  that 
may  accrue  for  his  absence. 

14.  When  a  fire  occurs  in  any  of  the  adjoining  Firea  in  adjoin- 
towns,  not  more  than  one  engine  shall  be  allowed  by   ing  towns, 
the  chief  engineer  to  go  more  than  one  half  mile  ^^^^•5^** 
beyond  the  limits  of  the  city,  but  when  a  fire  occurs 

within  the  above  named  limits,  the  chief  engineer 
shall  have  discretionary  power  to  send  two  engines. 

15.  The  foreman  shall  certify  to  the  correctness  of  ' 

the  pay  rolls,  and  keep,  or  cause  to  be  kept,  by  the  Duties  of 
clerks  of  their  respective  companies,  fair  and  exact  ^^^™^°' 
rolls,  specifying  the  time  of  the  admission  and  dis- 
charge of  each  member ;  an  account  of  all  city  prop- 
erty entrusted  to  their  care,  and  fair  records  of  the 
proceedings  of  the  companies,  in  a  book  provided  for 
that  purpose  by  the  city ;  which  rolls  or  record  books 
are  always  to  be  subject  to  the  order  of  the  board  of 
engineers. 

16.  It  shall  be  the  duty  of  the  clerks  of  each  of  Duties  of 
the  companies  to  report  to  the  board  of  engineers,   ^^®^^®* 


202 


FIRE  DEPARTMENT. 


Ibid.  §  16. 


i  Election  of 
'  enginemen. 


Their  duties. 
Ibid.  §  17. 


immediately  after  the  annual  meeting,  the  names  of 
the  newly  nominated  officers,  also  to  return  to  the 
board  of  engineers,  on  the  first  day  of  July  and  Jan- 
uary, a  true  and  accurate  list  of  the  members  of  their 
respective  companies,  the  length  of  time  each  has 
served ;  if  he  had  a  substitute,  and  how  often ; 
together  with  the  amount  of  fines  (if  any) ,  which  are 
due  from  each  member,  and  these  returns,  if  approved 
by  the  board  of  engineers,  shall  be  transmitted  by 
them  to  the  city  treasurer.  They  shall  also,  within 
seven  days  after  their  monthly  meetings,  send  to  the 
board  of  engineers,  the  name  of  every  person  admit- 
ted to  their  respective  companies  at  said  meetings, 
and  these  persons,  if  approved,  shall  sign  the  follow- 
ing statement : 

"  Tlie  undersigned  having  been  appointed  members  of  the 
Portland  Fire  Department,  hereby  signify  our  agreement  to  abide 
by  all  the  ordinances  and  rules  and  regulations  of  the  city  coun- 
cil and  board  of  engineers.  And  any  officer  or  member  who 
shall  neglect  or  refuse  to  sign  the  same,  shall  not  be  a  member 
of  said  company,  or  entitled  to  any  compensation  whatever." 

17.  The  enginemen  shall  be  elected  annually  by 
the  city  council,  on  the  second  Monday  in  March, 
(but  vacancies  may  be  filled  at  any  time) .  They 
shall,  at  all  times  be  in  or  about  the  engine  house,  and 
have  charge  of  the  engines,  and  all  other  city  property 
committed  to  their  care,  and  be  held  strictly  respon- 
sible for  its  good  condition  for  immediate  service. 
They  shall  keep  the  engines  and  houses  clean,  and  in 
good  order ;  and  perform  all  such  other  duties  as  may 
be  required  of  them  by  the  chief  engineer  or  com- 
mittee of  the  fire  department.  They  shall  also  have 
the  appointing  of  firemen  from  their  companies,  whose 
duty  it  shall  be  to  assist  them  in  the  working  of  the 
engines,  and  to  perform  such  other  duties  as  may  be 
required  of  them. 

18.  It  shall  be  the  special  duty  of  the  enginemen 
to  preserve  their  engines  from  injury  as  much  as  pos- 


FIRE   DEPAR'FMENT.  203 

sible,  to  expose  them  to  no  unnecessary  hazard,  to  Their  special 
cause  them  to  be  worked  with  judgment  and  skill,  and   ge^e^eif^es 
not  subject  them  to  harsh  treatment.  from  injury. 

19.  Each  member  of  the  Portland  Fire  Depart- 
ment, shall  wear  when  on  duty,  such  badge  or  insignia 

as  may  be  furnished  by  the  board  of  eno^ineers,  and  Badge. 
any  member  of  the  department,  not  complying  with 
this  regulation,  shall  not  be  considered  or  recognized 
as  a  member  of  the  fire  department. 

20.  If  any  person  not  a  member  of  the  fire  depai-t-  penalty  for 
ment  shall,  when  the  department  is  on  duty,  wear  any  weanngbadge 
badge  or  other  insignia,   representing  himself  as  a  member, 
member  of  the  fire  department,  he  shall,  upon  the  i^id§20. 
complaint  of  any  engineer,  or  officer  of  the  fire  depai't- 

ment,  pay  a  penalty  of  not  less  than  two,  or  more 
than  Rve  dollars  for  each  ofiense. 

21.  The  drivers  attached  to  the  engines  and  other  Drivers,  dut>- 
apparatus  connected  with  the  fire  department,  when   °'- 

on  duty,  shall  obey  the  orders  of  the  chief  and  assis- 
tant engineers,  foreman  and  engineman,  and  comply 
strictly  with  the  rules  and  regulations  and  directions 
of  the  board  of  engineers.  It  shall  also  be  their  duty 
to  see  that  the  horses  employed  for  the  purpose  of 
hauling  the  apparatus  be  in  harness  and  ready  for 
immediate  use.  And  it  shall  be  the  duty  of  the  chief 
engineer  to  report  to  the  mayor  and  aldermen  any 
violation  of  this  section. 

22.  All  persons  are  hereby  enjoined  to  obey  the  Engineer  to  be 
directions  of  any  engineer,  given  at  any  fire,  and  to   obeyed. 
render  their  services  if  required  by  any  engineer, 

under  a  penalty  of  not  less  than  two  nor  more  than 
twenty  dollars.  And  it  shall  be  the  duty  of  the  chief 
and  other  engineers  to  report  to  the  city  council  the 
name  of  every  person  liable  to  the  penalties  provided 
by  thig  section. 

23.  All  ordinances,  rules  and  regulations  (or  amend-  ^^  eaiof  old 
ments  thereto)  relating  to  the  fire  department,  ap-   ordinance. 


204  FIKE   DEPARTMENT. 

Ibid.  §  23.         proved  prior  to  the  passage  of  this  ordinance  (except 
"an  ordinance  fixing  the  compensation  of  the  officers 
and  members  of  the  fire  depai-tment,"  approved  June 
13th,   1870)    and  inconsistent  herewith,  are  hereby 
repealed ;  and  this  ordinance  shall  take  efiect  and  be 
in  force  from  and  after  its  approval  by  the  mayor. 
24.  That  the  board  of  engineers,  and  committee 
vided  for.       ^n  fire  department,  be  required  twice  in  each  munici- 
ord.  June  20,     pal  year,  to  hold  an  inspection  of  each  engine  com- 
pany and  its  apparatus  ;  and  also  an  inspection  twice 
during  said  year  of  each  hook  and  ladder  company 
and  their  trucks,  and  report  any  want  of  efficiency 
that,  in  their  opinion,  may  exist,  to  the  city  council, 
c  m  en  ation        ^^*  ^^®  annual  Compensation  of  the  officers  and 
of  officers  and  members  of  the  several  fire  engines  and  hook  and 
oTdSance  1873,  ladder  Companies,  shall  be  as  follows,  viz  :     To  the 
April  15.  foreman  of  each  company  seventy-five  dollars  ;  to  the 

clerk  of  each  company  seventy-five  dollars ;  to  the 
firemen  of  each  fire  engine  seventy-five  dollars ;  and 
to  the  steward  of  each  hook  and  ladder  company 
seventy-five  dollars ;  to  each  member  of  the  respec- 
tive companies  other  than  the  officers  aforesaid,  not 
exceeding  eleven  for  each  steam  fire  engine,  and 
seventeen  for  each  hook  and  ladder  company,  sixty- 
six  dollars,  and  the  same  to  be  in  full  for  all  services 
as  members  of  the  fire  department,  and  in  full  for 
reeling  hose,  and  to  cover  all  claims  for  clothing 
heretofore  asked  to  be  furnished  by  the  city. 


FIRI^  DEPARTMENT.  205 

Rules   and   Regulations, 

OF  THE  BOARD  OF  ENGINEERS,  ADOPTED  BY  THE 
CITY  COUNCIL  JUNE  11,  1872. 


Article  1.  The  orders  of  the  chief  engineer  to 
the  several  companies  of  the  department,  will  be  engineer,  how 
communicated  to  the  commanding  officers  (if  con-  ^^®°- 
venient) ,  who  shall  render  prompt  obedience  thereto. 
When  an  engineer  is  charged  with  an  order  for  any 
company,  he  will  call  the  number  in  a  distinct  voice, 
which  shall  be  responded  to  by  any  officer  present, 
who  shall  immediately  obey  such  order,  without  wait- 
ing to  communicate  with  his  superior,  unless  it  can  be 
done  without  delay.  All  members  shall  obey  any 
order  from  an  engineer. 

Article  2.  The  engineers  are  to  keep  a  watchful 
eye  upon  all  parts  of  tlie  fire  and  repoi-t  to  the  chief  Duty  of  engi- 
immediately  all  changes  in  the  aspect  of  the  conflagra-  ^®®"' 
tion,  and  these  reports  shall  be  as  definite  as  possible, 
and  the  facts  upon  which  they  are  supposed  to  be 
founded,  should  always  be  well  ascertained.  For 
these  puq30ses  the  chief  of  the  department  will  station 
himself  at  some  point  where  the  scene  of  operations 
can  be  overlooked,  which  shall  be  designated  in  the 
night  time  by  a  red  signal  lantern.  It  will  in  all  cases 
be  considered  the  duty  of  the  assistant  engineers  to 
answer  promptly  the  call  of  the  chief  engineer.  And 
in  case  of  disturbance  at  a  fire,  by  any  rude  or  riotous 
person,  any  engineer  who  may  observe  it  shall  order 
the  offender  into  custody  of  the  police,  to  be  pro- 
ceeded against  by  law. 

Article  3.  In  case  of  fire  not  more  than  one  line 
of  hose  shall  be  run  out  without  permission  from  an  officers  tore- 
engineer,  and  when  the  hose  has  been  extended  the    portonanivai 
officer  in  charge  shall  station  men  along  the  lines  to   orders- 
protect  them.     The  officer  in  charge  of  the  several 


206 


FIRE  DEPARTMENT. 


Of  moving  en- 
gines at  fire. 


Duties  of 
foreman. 


Duties  of 
foreman  of 
hook  and  lad- 
der and  hose 
companies. 


companies,  immediately  on  their  arrival  at  a  fire  shall 
report  themselves,  with  the  station  of  their  apparatus, 
to  the  chief  engineer,  or  his  assistants.  Those  engines 
not  immediately  wanted  will  take  convenient  posi- 
tions, their  companies  remaining  by  them  under  the 
direction  of  one  of  their  officers,  while  the  officer  in 
command  of  such  engine  will  report  to  the  chief  and 
remain  there  for  orders. 

Article  4.  When  in  the  progress  of  a  fire  it 
becomes  necessary  to  move  any  engine,  the  movement 
will  always  be  executed  with  as  much  expedition  as 
possible.  The  companies  so  changing  will  use  the 
same  hose  unless  otherwise  ordered  by  an  engineer, 
and  the  hosemen  will  hold  themselves  in  readiness  to 
render  any  assistance  required  of  them  by  an  engineer. 
No  company  attached  to  the  department  shall  leave 
any  fire,  or  take  the  apparatus  of  which  they  have 
charge  therefrom  without  the  order  or  permission  of 
the  chief  engineer. 

Article  5.  The  foreman  shall  preside  at  all  meet- 
ings of  the  company,  and  at  fires  or  alarms  have 
direction  of  the  apparatus  and  all  persons  attached  to 
the  same.  In  his  absence  his  duties  shall  be  per- 
formed by  the  clerk.  It  shall  also  be  the  duty  of  the 
foreman  to  preserve  order  and  discipline  in  his  com- 
pany, and  require  and  enforce  a  strict  compliance 
with  the  ordinances,  rules  and  regulations,  and  the 
orders  of  the  engineers,  and  at  the  annual  meeting 
appoint  four  pipemen  and  four  suction  hosemen,  who, 
after  putting  their  hose  in  working  order,  shall  assist 
the  leading  hosemen  in  the  discharge  of  their  duties. 

Article  6.  It  shall  be  the  duty  of  the  foremen  of 
the  hook  and  ladder  and  hose  companies  to  see  that 
the  fire  apparatus  of  every  kind  of  which  they  have 
charge,  is  kept  clean  and  in  good  order  for  immediate 
use,  and  that  no  obstructions  are  placed  at  the 
entrances   of    the,  several   buildings   in   which    the 


FIRE   DEPARTMENT.  207 

apparatus  is  kept.  They  shall  also  appoint  a  steward 
whose  duty  shall  be  to  clear  the  snow  from  the  side- 
walk in  front  of  the  house  ;  and  generally  to  see  that 
their  apparatus  is  ready  for  immediate  use. 

Article  7 .  Any  member  of  the  department  absent-  Absent  mem- 
ing  himself  from  one-third  of  the  fires  that  occur  in   ^^^^  ™»y  ^ 
six  months,  may  be  discharged  from  the  department   when, 
(for  neglect  of  duty)  by  the  board  of  engineers,  and 
any  member  neglecting  or  refusing  to  perform  his 
duty,  shall  be  immediately  reported  to  the  board  of 
engineers. 

Article  8.  Any  company  or  companies,  or  any 
member  of  the  department,  doing  duty  by  require-   ^^^a  ^^ 
ment  or  invitation  from  the   mayor,    city    council,    ^°^^s  special 
committee   on   fire   department,   chief  or  board  of  quirementof 
engineers,  shall  act  in  strict  conformity  to  the  dis-   ™*5^°^'  *^- 
cipline  as  laid  down  in  the  ordinances  and  rules  and 
regulations,  and  be  subject  to  the  penalties  for  non- 
compliance, and  volunteer  companies  shall  also  be 
subject  to  the  ordinances  and  regulations. 

Article  9.    Whenever   any  members   leave  the  Members  leav- 
department,  it  shall  be  the  duty  of  the  foreman  to    J^fn^^eu/*"^ 
see  that  the  property  belonging  to  the  city  be  returned ;    property  mu»t 
and  failing  to  procure  such  articles,  the  company  shall     ^^ 
be  held  responsible  for  the  same,   (if  there  is  not  a 
sufficient  amount  due  the  member  from  the  city  to 
protect  the  city  from  loss. ) 

Article  10.  It  shall  be  the  duty  of  the  foremen  of 
the   several  steamers,    (in   case  the   hose   on   their 
can-iages  have  been  wet) ,  to  have  the  same  replaced  ^^  ^^^' 
with  dry  hose,  immediately  after  their  return  to  the 
engine  house. 

Article  11.  All  nominations  for  officers  or  mem-  NominationB. 
bers,  made  in  the  several  companies,  shall   be  by 
written  ballot. 

Article  12.  In  no  case  shall  the  persons  employed  Drivers  shaii 

■I   .  .  V    A 'J    in  1  not  act  as  sub- 

as  drivers,  act  as  substitutes  for  members,  or  answer   gtitutes. 

fo^  them  at  the  roll  call. 


208  FIRE   DEPARTMENT. 


Rule  for  engine      ARTICLE  13.  The  enofinemeii  of  the  Several  steamers 

^^^'  shall  not  commence  to  work  theii-  engines  or  open 

hydrants  at  fires  until  the  line  of  leading  hose  is  run 

out,  and  the  pipe  attached  thereto. 

Printed  copy         ARTICLE  14.  The  chicf  engineer  shall  fumish  cvcry 

for  every        member  in  the  department  with  a  printed  copy  of 

memberofflre  ^  .  i      i     n 

department,  these  Ordinances  and  regulations,  and  shall  cause  a 
copy  of  the  same  to  be  kept  in  all  the  houses  of  the 
department,  and  also  to  furnish  each  engine  house 
with  a  list  of  the  public  wells,  reservoirs  and  hydrants, 
and  the  location  of  each. 

Article  15.  In  case  of  fire  but  one  line  of  hose 

hose  to  a  post  shall  be  attached  to  any  post  hydrant  without  per- 

hydrant.         missiou  from  an  engineer. 

Article  16.  All  members  of  the  Portland  fire 
department,  and  substitutes,  not  exceeding  three  for 
each  engine  and  hose  company  and  four  for  each  hook 
and  ladder  company,  shall,  while  on  duty  as  firemen 
or  at  fires,  in  addition  to  the  fire  hat  and  leather 

Corporation        ,      ,  ^ ,  ,  •  i      i  • 

badge.  badge  now  worn,  wear  the   corporation   badge  in  a 

plain  conspicuous  manner  on  the  vest  or  coat  and  no 

melnber  will  be  allowed  to  enter  the  line  at  a  fire,  or 

any  building  when  on  fire  without  such  badge. 

Badge  not  to  be       ARTICLE  17.  No  member  will  be  allowed  to  lend 

lent.  }iis  badge,  on  any  pretext  whatever,  under  the  penalty 

of  dismissal  from  the  department. 
Lost  badge.  ARTICLE  18.  Any  member  who  loses  his  badge  will 

immediately  advertise  the  same  and  use  his  utmost 
diligence  to  recover  it,  and  in  case  of  failure  Avill  be 
charged  with  the  price  of  two  dollars  ($2.00)  for  the 
badge. 

Article  19.  If  any  member  in  going  to  or  return- 
Bad  conduct  of  inor  from  a  fire  shall  behave  in  any  way  unbecomino: 

firemen.  ®  . 

Report.  a  fireman,  any  party  aggrieved  may  report  to  the 

chief  engineer  the  number  of  his  badge,  and  if  said 
fireman  refuses  to  give  his  number  correctly  it  will  be 


Substitutes. 


FIRE   DEPARTMENT.  209 

deemed  good  cause  for  his  dismissal  from  the  depart- 
ment. 

Article  20.  Each  engine  and  hose  company  may 
have  substitutes  not  exceeding  three,  and  each  hook 
and  ladder  company  not  to  exceed  four,  to  do  duty 
in  place  of  persons  absent  from  duty  in  case  of  sick- 
ness or  absence  from  the  city. 

Article  21.  Any  regulation  not  expressed  in  these 
regulations  for  the  government  of  the   companies,  neersma^ 
may  be  instituted  for  the  time  beine:  by  the  board  of  temporarily 

.  ,1  1-11  .  «   institute  new 

engmeers,  to  be  observed  until  the  next  meetmg  oi  regulations, 
the  city  council,  when  it  shall  be  submitted  to  their 
consideration. 

Article    22.    Not  exceeding   two   men   and   the  two  men  and 
driver,  will  be  allowed  to  ride  on  each  hose  carriage,   hose  carriage. 


Fish, 


[see  titles  "health,"  "wharves."] 


Flour. 


Appointment 

.of  Flour  in- 
spectors 
authorized. 

Wlio  ineligible. 

R.  S.,  1871,  c. 
38,  §  36. 

To  be  sworn, 
Ac. 
Ibid.  §  37. 


Inspection.now 
made. 


Statutes. 

1.  Appointment  of  inspectors. 

2.  Inspectors  to  be  sworn  and  have  certificates. 

3.  Duties. 

4.  Fraudulent  marks.     Penalty. 
6.  Alteration  of  marks.     Penalty. 

6.  Purchaser  may  require  inspection. 

7.  Sample  packages. 

8.  This  not  applicable  when  inspection  not  demanded. 

1.  The  municipal  officers  of  towns  may  appoint  annu- 
ally in  their  towns,  one  or  more  suitable  persons  not  inter- 
ested in  the  manufacture  and  sale  of  flour,  to  be  inspectors 
thereof,  for  the  period  of  one  year  from  the  date  of  ap- 
pointment. 

2.  Such  inspector  before  entering  upon  the  duties  of 
his  office,  shall  be  sworn  to  the  faithful  and  impartial  dis- 
charge of  the  same  before  the  town  clerk,  who  shall  give 
him  a  certificate  of  his  appointment  and  qualification, 
upon  payment  of  a  fee  of  fifty  cents,  which  shall  be  ex- 
hibited on  the  demand  of  any  person  interested  in  any 
inspection  made  by  him. 

3.  Inspection  of  flour  shall  be  for  the  purpose  of  ascer- 
taining its  soundness,  and  every  package  inspected  shall  be 
opened  sufficiently  to  allow  a  trier  to  be  passed  through  it, 


FLOUR.  211 

and  a  sample  of  the  whole  length  of  the  passage  shall  be 

taken  out  and  examined  by  the  inspector,  who  shall  mark 

upon  each  package  with  a  brand,  or  stencil,  the  word 

* 'sound,"  or  the  word  "unsound,"  as  the  quality  of  the  Duties  of 

flour  contained  in  each  shall  be  found,  and  his  name,  res-   inspectors 

defined. 

idence,    oflBce,    and  the    year  of  inspection.      He  shall 
keep  a  record  of  all  flour  inspected  by  him,  in  a  book  kept  ^^.^ 
for  that  use,  which  he  shall  exhibit  to  any  person  requir- 
ing it. 

4.  Every  inspector  who  falsely  and  fraudulently  marks  Penalty  for 
any  package  of  flour,  shall  be  punished  by  a  fine  of  five    fraudulent 
dollars  for  each  package  so  marked,  and  shall  forfeit  to  ibid.  §39. 
any  person  injured  thereby,  three  times  the  amount  of 
damage,  to  be  recovered  in  an  action  of  debt. 

5.  Every  person   who,  with  intent  to  defraud,  alters.  Penalty  for 
obliterates  or  counterfeits  the  marks  of  any  inspector,  and    ^^rks^^"  ^ 
every  person  who,  with  such  intent  places  upon  any  pack-  iwd.  §  40. 
age  of  flour,  marks  which  falsely  purport  to  be  inspection 

marks,  shall,  for  every  offence  be  punished  by  fine  not 
exceeding  fifty  dollars,  and  on  conviction  of  so  doing  on 
as  many  as  ten  packages  at  one  time,  shall  also  be  pun- 
ished by  imprisonment  in  the  county  jail  not  exceeding 
ten  months. 

6.  Any   person   buying   flour,    may  require   it   to   be  purchasers 
inspected  before  it  is  delivered,  the  fees  of  the  inspector   may  require 
shall  be  five  cents  a  package,  for  lots   of  less  than  ten  i^"q^§4i. 
packages  ;  for  lots  of  more  than  ten,  and  not  exceeding 

twenty  packages,  two  cents  a  package  ;  and  for  any  and 
every  package  exceeding  twenty,  one  cent,  to  be  paid  by 
the  person  demanding  inspection. 

7.  The  inspectors  of  flour  shall,  when  required,  deter-  Duties  in 
mine  whether  it  conforms  to  and  equals  the  sample  fur-   regard  to 
nished  to  them,  and  shall  mark,  with  some  distinct  and   ages, 
intelligible  mark,  the  packages  that  are  found   like  the  n)id.  §  42. 
sample,  and  for  this  sen'ice  they  may  charge  an  addi- 
tional compensation  of  one-half  cent  per  package. 

8.  Nothing  herein  contained,  shall  be  held  to  prohibit  provisions  not 
or  render  illeojal  any  contract  for  the  manufacture,  or  sale    applicable 

«   «  ,  .   ,    ,  ,  .  ,        ,  .  .  when  inspec- 

01  flour,  which  has  not  been  inspected,  when  inspection   tionisnot 

is  not  required  by  the  buyer  or  the  seller.  demanded. 

Ibid.  §  43. 


Gas/ 


Statutes. 

ITEM   1. 

ACT  OF  INCORPOKATION. 

1.  Corporators  and  name. 

2.  Capital  stock. 

3.  Regulations  for  pipes,  &c. 

4.  Obstructions  to  travel,  &c. 

5.  Council  to  contract  for  lighting  streets. 

6.  Exclusive  privilege  under  some  circumstances. 

7.  Directors.      Treasurer. 

8.  City  authorized  to  hold  stock,  &c. 

9.  Authority  of  city  to  take  property  at  appraised  value  after 

thirty  years. 

10.  Exclusive  privilege  continued  for  twelve  years. 

11.  Liability  of  company  for  obstructing  streets. 

12.  Rights  of  mayor  and  aldermen  in  certain  cases. 

13.  When  act  takes  effect. 

ITEM  n. 

1.  Increase  of  capital  stock. 

2.  Shares  disposed  of. 

3.  Rights  of  city. 

4.  Shares  numbered,  &c. 

5.  City  to  take  certain  number. 

6.  When  act  takes  effect. 

ITEM  in. 

1.  Capital  stock  increased. 

2.  Capital  stock  first  offered  to  existing  shareholders. 

3.  City  council  may  make  the  city  joint  owner  of  stock. 

4.  Directors,  duties  of. 

5.  Ownership,  conditions  of. 

ITEM   I. 

Statutes. 
PORTLAND    GAS   LIGHT   COMPANY. 

Act  of  Incorporation. 

Section  1.  Charles  Q.  Clapp,  A.  W.  H.  Clapp,  John 
Neal,  Abner  Lowell,   Francis  O.   J.  Smith,   Horace   V. 
1  See  title  "  Streets,"  for  regulations  in  regard  to  laying  pipes. 


GAS.  213 

Bartol,  and  Henry  B.  McCobb,  their  associates  and  sue-  Act  1849,  c.  288. 
cessors,  are  hereby  constituted  a  body  politic  and  corporate  "^^'^^'12*^049 
by  the  name  of  the  Portland  Gas  Light  Company,  and  corporators, 
by  that   name  shall  have  and  enjoy   all  the   necessary 
powers  and  privileges  to  effect  the  objects  of  their  asso-  Corporate 
ciatioo,  and  shall  be  subject  to  such  duties,  liabilities  and 
exemptions  as  are  or  may  be  provided  by  the  general  Powers  and 
laws  of  this  State  in  case  of  manufacturing  corporations,    duties. 

Section  2.  The  capital  stock  of  said  company  shall  ^    ,   ,  ^   ^ 
be  not  less  than  thirty  thousand  dollare  nor  more  than 
one  hundred  thousand  dollars,  and  shall  be  divided  into 
shares  of  one  hundred   dollars  each.     The  said  capital 
stock  shall  be  applied  exclusively  to  the  manufacture  and  How  appUed. 
distribution  of  gas  for  the  purpose  of  lighting  the  city  of 
Portland ;  provided^  that   said   company   shall   not  have 
power  to  erect,  establish  or  continue  any  works  for  the 
manufacture  of  gas  at  any  place  within  the  limits  of  said 
city  of  Portland,  without  the  previous  assent  of  the  city  Proviso, 
council,  and  a  specific  assignment  of  the  boundaries  of 
such  establishment,  and  such  erection,  establishment  ^r 
continuance  without  such  previous  consent,  shall  be  con- 
sidered a  nuisance,  and  said  company  shall  be   liable  to 
indictment  therefor,    and  to   all   the   provisions   of   law 
applicable   thereto.     And  nothing  contained  in  this  act 
shall  be  construed  to  affect  or  diminish  the  liabilities  of  Liability  for 
said   company   for  any  injury  to  private   property,  by    ^^^J^pe^. 
depreciating   the  value   thereof,  or  otherwise,  but  said 
company  shall  be  liable  therefor  in  an  action  on  the  case. 

Section  3.  The  said  company   are  hereby  authorized  Regulations  for 
to  lay  down  in  and  through  the  streets  of  said  city,  and    laying  do^vn 
to  take  up,  replace,  and  repair  all  such  pipes  and  fixtures    ^^p^^'  ^^' 
as  may  be  necessary  for  the  objects  of  their  incorpora- 
tion, first  having  obtained  the  consent  of  the  city  council 
therefor,  and  under  such  restrictions  and  regulations  as 
said  city   council  may  see  fit  to  prescribe.      And    any 
obstruction  in  any  street  of  said  city,  or  taking  up  or 
displacement  of  any  portion  of  any  street,  without  such 
consent  of  the  city  council,  or  contrary  to  the  restrictions 
or  regulations  that  may  be  prescribed  as  aforesaid,  shall 
be  considered  a  nuisance.      And  said  company  shall  be 


214  GAS. 

liable  to  indictment  therefor  and  to  all  the  provisions  of 
law  applicable  thereto.  And  said  company  shall  in  all 
Liability  to  city  cases  be  liable  to  repay  to  said  city  all  sums  of  money  that 
for  damages.  g^|^  ^^^y  ^^y  ^^  obliged  to  pay  on  any  judgment  recov- 
ered against  said  city,  for  damages  occasioned  by  any 
obstnictions,  or  taking  up  or  displacement  of  any  street 
by  said  company  whatever,  with  or  without  the  consent 
of  the  city  council,  together  with  council  fees  and  other 
expenses,  incurred  by  said  city  in  defending  any  suit  to 
recover  damages  as  aforesaid,  with  interest  on  the  same, 
to  be  recovered  in  an  action  for  money  paid  to  the  use  of 
said  company. 

Section  4.  Whenever  the  company  shall  lay  down  any 

Obstruction  to   pipes,  or  erect  any  fixtures  in  any  street,  or  make  any 
public  travel       /         .  .■  ,     .  ,      ,  , 

in  laying         alterations  or  repairs  upon  their  works  m  any  street,  they 

down.erecting  shall  cause  the  same  to  be  done  with  as  little  obstruction 

or  rGT}tiiriii£r 

works.  ^^  the  public  travel  as  may  be  practicable.     And  shall  at 

their  own  expense  without  unnecessary  delay  cause  the 

earth  and  pavements  removed  by  them,  to  be  replaced  in 

proper  condition.     They  shall  not  be  allowed  in  any  case 

Not  to  obstruct  to  obstruct  or  impair  the  use  of  any  public  or  private 

or  impair  the    strain,  or  Common  sewer  or  reservoir,  but  said  company 

use  of  any  ^  ir      j 

drain,  &c.        shall  have  the  right  to  cross,  or  where  necessary  to  change 

the  direction  of  any  private  drain,  in  such  manner  as  not 

to  obstruct  or  impair  the  use  thereof,  being  liable  for  any 

injury  occasioned  by  any  such  crossing  or  alteration  to 

the  owner  thereof,  or  any  other  person,  in  an  action  upon 

the  case. 

City  council  SECTION  5.  The  city  council  of  the  city  of  Portland, 

authorized  to    are  hereby  authorized  to  contract  with  said   company  for 

lighting  the      lighting  the  streets  and  public  buildings  of  said  city,  and 

streets  and       the  moneys  necessary  to  be  expended  therefor,  shall  be 

public  build-    assessed  and  collected  in  the  same  manner  as  taxes  for 
ings. 

other  purposes. 

Exclusive priv-       SECTION  6.  If  the  Said   company  shall  be  duly  organ- 
iieges  granted  ized  within  two  years  from  the  passage  of  this  act,  and 
conditions.  ^"  ^^^^^  within  that  time,  have  raised  and  expended  at  least 
ten  thousand  dollars  for  the  objects  of  their  incorpora- 
tion, and  shall  have  actually  commenced  the  lighting  of 


GAS.  215 

the  city  with  gas,  they  shall  then  hftve  and  enjoy  the  fran- 
chise and  privileges  granted  them  by  this  act  exclusively, 
for  the  term  of  thirty  years  from  the  date  of  their  organ- 
ization, subject  to  the  teims  and  limitations  hereinafter 
prescribed,  and  subject  to  all  such  regulations  and  control 
as  may,  by  law,  be  exercised  over  corporations  by  the 
judicial  tribunals  of  this  State ;  provided^  and  this  grant  Proviso, 
is  upon  the  condition,  that  said  company  should  at  all 
times,  and  within  a  reasonable  time  after  request  by  the 
cit}^  council  of  Portland,  supply  with  gas,  to  such  an 
extent  and  in  such  a  manner  as  may  be  required,  any  street 
or  public  buildings,  at  a  fair  and  reasonable  rate  of  pay- 
ment therefor  ;  and  in  case  said  parties  cannot  agree  upon 
the  rate  of  payment,  said  company  shall  be  obliged  to 
furnish  said  gas  at  a  rate  to  be  fixed  by  three  disinterested 
persons,  to  be  selected  one  by  each  of  said  parties,  and 
a  third  by  the  two  thus  selected,  who  shall  be  paid  for 
their  services  by  said  parties  equally,  and  if  said  company  , 
shall  at  any  time  refuse,  or  unreasonably  neglect  to  com- 
ply with  this  condition,  the  exclusive  privilege  herein 
granted  shall  be  of  no  effect. 

Section  7.  The  management  of  the  affairs  of  the  com- 
pany, and  all  expenditures  made  for  the  purposes  author- 
ized by  this  act,  shall  be  directed  by  a  board  of  directors,  to 
be  chosen  annually,  of  such  number  as  may  be  prescribed 
by  the  by-laws  of  the  company.  The  accounts  of  the 
company  shall  be  kept  by  a  trea&urer,  who  shall  be  chosen 
by  the  directors.  The  directors  shall  severally  be  sworn  i^irectors. 
before  the  clerk  of  the  corporation  to  make  true  and 
faithful  exhibits  in  their  records,  of  all  expenditures 
directed  or  allowed  by  them  for  the  purposes  authorized 
by  this  act.  The  treasurer  shall  in  like  manner  be  sworn  Treasurer, 
to  make  and  keep  true  and  distinct  accounts  of  all 
expenditures  authorized  by  the  directors,  and  paid  by 
him  from  the  funds  of  the  company. 

Section  8.  At   any  time  after  the  organization  of  the  City  of  Port- 
company ,  the  city  of  Portland  shall  be  authorized,  upon    ^^  ^t&kl 
a  vote  of  the  city  council  to  that  effect,  to  take  and  hold    and  hold  stock 
in   the  capital   stock  of  the   company,    an   amount  not   ^^aidcom- 

13  ^*°^* 


216 


GAS. 


Amount 
received 
for  such  stock 
tobe  paid  over, 
to  other  stock- 
holders. 


Value  of  the 
shares 
reduced 
accordingly. 

Shares  created 
and  issued  to 
city. 

How  repre- 
sented. 


Eights  and 
privileges 
void  if  com- 
pany neglect 
to  comply 
within  one 
month. 

Authority  of 
city  to  take  the 
property  of 
said  company 
at  its  apprais- 
ed value  after 
thirty  years. 


Appraisers, 
how  ap- 
pointed. 


exceciing  one-half  theTreof ,  upon  paying  to  the  company 
a  like  proportional  part  of  the  cost,  up  to  &uch  time,  of  all 
their  buildings,  works,  fixtures,  pipes,  and  other  property, 
and  ten  per  cent,  of  such  proportional  part  in  addition 
thereto.  The  amount  so  received  by  the  company  for  the 
proportional  part  so  taken  by  the  city  shall  be  distributed 
and  paid  over  to  the  other  stockholders,  in  proportion  to 
their  several  interests,  and  the  par  value  of  the  several 
shares  held  by  them  shall  be  reduced  accordingly.  The 
company  shall,  at  the  same  time,  create  and  issue  to  the 
city  such  a  number  of  shares  of  the  same  pai*  value, 
together  with  a  fractional  share,  if  necessary,  as  shall 
represent  the  whole  amount  paid  by  the  city  for  the  pro- 
portional part  of  the  capital  stock  so  taken.  At  all 
meetings  of  the  stockholders  of  the  company,  the  shares 
held  by  the  city  shall  be  represented  by  such  agent  as  the 
city  council  may  by  vote,  from  time  to  time  appoint,  who 
shall  be  entitled  to  cast  one  vote  for  every  share  held  by 
the  city.  And  if  said  company  shall  neglect  to  comply 
with  the  provisions  of  this  section  for  the  space  of  one 
month  after  an  offer  and  request  from  the  mayor  to  that 
effect,  all  the  rights  and  privileges  of  said  company  shall 
wholly  cease  and  be  of  no  effect. 

Section  9.  At  the  expiration  of  the  term  of  thirty 
years  named  in  the  seventh  section  of  this  act,  the  city 
of  Portland  shall  be  authorized,  upon  the  vote  of  the  city 
council  to  that  effect,  to  pay  to  said  company  the  appraised 
value  of  their  said  buildings,  works,  pipes,  fixtures,  and 
other  property,  and  upon  such  payment,  may  take  and 
hold  all  said  property,  without  any  right,  privilege  or 
franchise  remaining  to  said  company,  and  may  dispose  of 
said  property  in  such  manner  as  the  city  council  shall 
determine.  For  the  purpose  of  making  the  valuation 
aforesaid,  the  city  council  shall,  within  three  months 
before  the  expiration  of  the  thirty  years  aforesaid,  give 
notice  to  the  company  and  appoint  two  disinterested 
persons,  and  the  company  shall  appoint  two  other  disin- 
terested persons,  to  be  appraisers,  and  the  four  persons 
so  appointed,  shall  appoint  a  fifth  disinterested  person  to 
be  one  of  the  appraisers.     If  the  company  shall  neglect 


GAS. 


217 


or  omit,  for  two  months  after  the  notice  aforesaid,  to 
appoint  appraisers  on  its  part,  then  the  two  appraisers 
appointed  by  the  city  council  shall  be  authorized  to  make 
the  appraisal,  and  the  decision  of  the  apparisers  in  either 
case,  shall  be  final.  And  if  said  company  shall  neglect 
or  refuse  for  the  space  of  one  month  after  an  appraisal 
shall  have  been  made  in  pursuance  of  the  provisions  of 
this  section,  and  after  said  city  shall  have  notified  said 
company  of  its  readiness  to  take  said  property  at  such 
appraisal,  to  deliver  all  its  aforesaid  property  to  said  city, 
and  to  execute  good  and  sufl^cient  conveyances  thereof 
then  said  city  may  take  possession  of  said  property  and 
hold  the  same  as  is  hereinbefore  provided,  being  respon- 
sible to  said  company  to  pay  the  appraised  value  aforesaid, 
and  no  sale  of  said  property,  at  any  time  by  said  com- 
pany, in  derogation  of  the  rights  of  said  city  herein 
specified,  shall  be  valid,  and  the  rights  and  privileges  of 
said  company  as  a  corporation  shall  wholly  cease  from 
and  after  their  refusal  as  aforesaid. 

Section  10.  If  the  city  of  Portland  shall  not  so  pay 
for  and  take  the  property  of  the  company,  at  the  appraisal 
so  made,  then  the  franchise  and  privileges  hereby  granted 
to  said  company,  shall  be  continued  to  them  and  shall  be 
held  and  enjoyed  by  them  exclusively,  for  a  further  term 
of  twelve  3^ears  after  the  expiration  of  the  thirty  years 
aforesaid,  subject  to  the  limitation  prescribed  in  the  ninth 
section  of  this  act. 

Section  11.  If  the  said  company  or  any  of  their  ser- 
vants or  officers  employed  in  effecting  the  objects  of  the 
company,  shall  wilfully  or  negligently  place  or  leave  any 
obstructions  in  any  of  the  streets  of  Portland,  beyond 
what  is  actually  necessary  in  laying  down,  taking  up  and 
repairing  their  fixtures,  or  shall  wilfully  or  negligently 
omit  to  repair  and  put  in  proper  condition  any  street,  in 
which  the  earth  or  pavements  may  have  been  removed  by 
them,  the  company  shall  be  subject  to  indictment  therefor, 
in  the  same  manner  that  towns  are  subject  to  indictment 
for  bad  roads,  and  shall  be  holden  to  pay  such  fine  as 
may  be  imposed  therefor,  which  fine  shall  be  collected, 
applied  and  expended  in  the  same  manner  as  is  provided 


Provision  in 
case  said  com- 
pany stiould 
neglect  or 
refuse  to 
deliver  its 
aforesaid 
property  to 
city. 


Exclusive 
privileges 
continued  to 
said  company 
for  twelve 
years,  in  case 
said  city 
should  not 
take  the  prop- 
erty. 

Liability  of 
company  for 
willfully  or 
negligently 
leaving  ob- 
structions in 
any  street. 


Or  for  neg- 
lecting to 
repair  any 
street,  &c. 

Fine,  how 
collected  and 
applied. 


218 


GAS. 


Xilable  for  per- 
sonal injury 
by  reason  of 
said  negli- 
gence, &c. 


Rights  of 
mayor  and 
aldermen  in 
certain  cases. 


in  case  of  the  indictments  aforesaid  against  towns,  or 
may  be  ordered  to  be  paid  into  the  treasury  of  the  city. 
If  any  person  shall  suffer  injury  in  his  person  or  property 
by  reason  of  any  such  negligence,  wilfulness  or  omis- 
sion, he  shall  be  entitled  to  recover  damages  of  the 
company  therefor,  by  an  action  on  the  case,  in  any  court 
of  competent  jurisdiction. 

Section  12.  The  mayor  and  aldermen  for  the  time 
being,  shall  at  all  times  have  the  power  to  regulate, 
restrict  and  control  the  acts  and  doings  of  said  corpora- 
tion, which  may  in  any  manner  affect  the  health,  safety 
or  convenience  of  the  inhabitants  of  said  city. 

Section  13.  This  act  shall  be  taken  and  deemed  to  be 
a  public  act,  and  shall  be  in  force  from  and  after  its 
approval  by  the  governor. 


ITEM    II. 


-Act  1854,  c.  203, 
.  March  8, 1854. 

Capital  stock, 
increase  of 


Shares. 


How  disposed 
of. 


An  Act    to   increase  the    Capital  Stock  of   the  Portland 
Gas  Light  Company. 

Section  1.  The  Portland  Gas  Light  Company  is  hereby 
authorized  to  increase  its  capital  stock  to  the  extent  of 
one  hundred  thousand  dollars,  so  that  the  whole  capital 
stock  of  said  company  shall  be  two  hundred  thousand 
dollars,  instead  of  the  amount  now  established.  The 
said  additional  capital  shall  be  divided  into  shares  of  fifty 
dollars  each,  which  shall  be  the  established  par  value  of 
the  same. 

Section  2.  Whenever  the  directors  of  the  company 
shall  vote  to  issue  any  part  of  such  additional  shares,  the 
same  shall  be  first  offered  to  and  may  be  taken  by  the  exist- 
ing shareholders,  in  proportion  to  their  several  amounts  of 
stock.  The  balance  of  any  such  issue  not  taken  by 
existing  shareholders,  may  be  sold  and  disposed  of  by  the 
directors,  in  such  manner  as  they  may  deem  most  for  the 
interest  of  the  company.    The  said  additional  capital  and 


GAS.  219 

shares  shall  be  issued  subject  to  the  rights  of  the  city  of 
Portland,  as  herein  provided. 

Section  3.  If  the  city  of  Portland  shall  not,  at  the  time  Rights  of  city 
of  any  issue  of  such  capital  stock,  take  its  proportional    ®^  Portland, 
number  of  shares  thereof,  the  city  council  may  at  any 
time  thereafter,  by  vote,   determine  to  take  for  the  city, 
so  many  of  the  additional  shares  aforesaid,  as  may  be  g^^^^^  subject 
required  to  constitute  the  city  the  owner  of  one-half  of 
all  the  said  additional  capital  stock  of  the  company. 

Section  4.  For   the  purpose   of    effecting  the   object  Shares  to  be 
provided  by  the  last  preceding  section,  the  directors  of   ""™^«^<*- 
the  company,  whenever  they  shall  issue  any  of  the  addi- 
tional stock  aforesaid,  shall  cause  the  shares  thereof  to  be 
number  consecutively,  and  the  numbers  of  all  the  shares 
so  issued  to  be  expressed  in  the  several  certificates  repre- 
senting the  same,  and  in  the  several  shareholders'  accounts 
on  the  stock  books  of  the  company.     The  certificates  of 
such  additional  stock  shall  also  express  that  the  shares    gubiecuo^the 
therein  represented  are  issued  and  held  subject  to  the    provisions  of 
provisions  of  this  act.  *^^  ^^*- 

Section  5.  Whenever  the  city  council  shall  determine 
by  vote  as  aforesaid,  to  take  additional  shares,  as  pro-    aShorized  to 
vided  in  the  third  section  of  this  act,  the  city  shall  be    take  a  certain 
entitled  to  take  and  become  the  owner  of  all  the  new    number  of 
shares  issued  as  aforesaid,  which  are  numbered  by  the  »         ' 

'  .  "^  Amount  per 

even  numbers,  and  shall  thereupon  pay  to  the  treasurer    share, 
of  the  company,  the  sum  of  fifty-five  dollars  for  every  vote  of  city 
share  so  taken.    The  vote  of  the  city  council  as  aforesaid    certified  to 
shall  be  certified  to  the  directors  of  the  company,  and    directors  of 
they  shall  cause  the  same  to  be  recorded  in  their  record,    ^^^p^^^"'    ^- 
The  treasurer  shall  receive  the  amount  so  paid  by  the    authorized  to 
city,  and  shall  hold  the  same,  subject  to  be  paid  to  the    receive  and 
order  or  receipt  of  the  several  persons   from  whom   the    chase  money, 
said  shares  shall  be  so  taken.     He  shall  issue  to  the  city,  shaii  issue 
certificates  of  the  shares  so  taken  and  paid  for  by  the  city,    certificates  of 
and  shall  adjust  the  stock  accounts  of  the  several  share- 
holders from  whom  the  same  are  so  taken  accordingly, 


220 


GAS. 


and  issue  to  them,  if  required,  new  certificates  represent- 
ing the  balance  of  their  shares. 

Section  6.  This  act  shall  take  effect  from  and  -after  its 
approval  by  the  governor. 


ITEM   III. 


Act  to  Further  Increase  Capital  Stock. 


Act  1856,  c.  544, 
Feb.  5, 1856. 


Capital  stock 
increased. 

Shares,  par 
value  of, 


Stock  first 
offered  to 
existing  share- 
holders. 


Balance,  how 
disposed  of. 


City  of  Port- 
land, rights  of. 


City  council 
may  make  the 
city  joint 
owner  of 
stock. 


Section  1.  The  Portland  Gas  Light  Company  is  hereby 
authorized  to  increase  its  capital  stock,  to  the  extent  of 
two  hundred  thousand  dollars,  so  that  the  whole  capital 
stock  of  said  company  shall  be  four  hundred  thousand 
dollars,  instead  of  the  amount  now  established.  The  said 
additional  capital  stock  shall  be  divided  into  shares  of  fifty 
dollars  each,  which  shall  be  the  established  par  value  of 
the  same. 

Secj^on  2.  Whenever  the  directors  of  the  company  shall 
vote  to  issue  any  part  of  such  additional  shares,  the  same 
shall  be  first  offered  to,  and  may  be  taken  by  the  existing 
shareholders,  in  proportions  to  their  several  amounts  of 
stock.  The  balance  of  any  such  issue  not  taken  by  exist- 
ing stockholders,  after  twenty  days'  notice  given  in  one 
of  the  daily  newspapers  published  in  the  city  of  Portland, 
to  the  stockholders,  may  be  sold  and  disposed  of  by  the 
directors,  in  such  manner  as  they  may  deem  most  for  the 
interest  of  the  company.  The  said  additional  capital  and 
shares  shall  be  issued,  subject  to  the  rights  of  the  city 
of  Portland  as  herein  provided. 

Section  3.  If  the  city  of  Portland,  at  the  expiration  of 
the  twenty  days'  aforesaid,  shall  not  have  taken  its  pro- 
portional number  of  shares  thereof,  the  city  council  may, 
at  any  time  thereafter,  by  vote,  determine  to  take  for  the 
city,  so  many  of  the  additional  shares  aforesaid,  as  may 
be  required  to  constitute  the  city  the  owner  of  one-half 
of  all  the  said  additional  stock  of  the  company. 


V      GAS.  221 

Section  4.  For  the  purpose  of  effecting  the  object  pro-  Directors, 
vided  by  the  last  preceding  section,  the  directors  of  the  <*^tie8  of. 
company,  whenever  they  shall  issue  any  of  the  additional 
stock  aforesaid,  shall  cause  the  shares  thereof  to  be  num- 
bered consecutively,  and  the  numbers  of  all  the  shares  so 
issued,  to  be  expressed  in  the  several  certificates  repre- 
senting the  same,  and  in  the  several  shareholders'  accounts 
on  the  stock  books  of  the  company.  The  certificates  of 
such  additional  stock  shall  also  express  that  the  shares 
therein  represented  are  issued  and  held  subject  to  the 
provisions  of  this  act. 

Section  5.  Whenever  the  city  council  shall  determine  ch^ership, 
by  vote  as  aforesaid,  to  take  additional  shares  as  provided    conditions  of. 
in  the  third  section  of  this  act,  the  city  shall  be  entitled 
to  take  and  become  the  owner  of  all  the  new  shares  issued 
as  aforesaid,  which  are  numbered  by  the  even  numbers, 
and  shall  thereupon  pay  to  the  treasurer  of  the  company,  shares,  value 
the  sum  of  fiTty-five  dollars  for  every  share  so  taken. 
The  vote  of  the  city  council  as  aforesaid,  shall  be  certified 
to  the  directors  of  the  company,  and  they  shall  cause  the 
same  to  be  recorded  in  their  record.     The  treasurer  shall  Treasm-er, 
receive  the  amount  so  paid  by  the  city,  and  shall  hold  the    duties  of 
same,  subject  to  be  paid  to  the  order  or  receipt  of  the 
several  persons  from  whom  the  said  shares   shall  be  so 
taken.    He  shall  issue  to  the  city  certificates  of  the  shares 
so  taken  and  paid  for,  and  shall  adjust  the  stock  accounts 
of  the  several  shareholders  from  whom  the  same  are  so 
taken  accordingly,   and  issue  to  them,   if  required  new 
certificates  representing  the  balance  of  their  shares. 


GunpoTv^der  and  Explosive 
Substances. 


Municipal 
officers  to 
make  regula- 
tions. 

R.  S.,  1871,  C.26, 
§24, 


Statutes. 

1.  Municipal  officers  to  regulate  keeping,  &c. 

2.  Persons  injured    by   explosion    may    recover    damages. 

Penalty, 

3.  Municipal  officers  may  search  for  gunpowder. 
4.-    Not  to  be  sold  in  Portland  without  license. 

6.  License,  price  of.     Licensed  persons  to  put  up  signs. 

6.  Mayor  and  aldermen  may  make  rules  to  regulate  sale. 

7.  Penalties  for  violating  provisions  of  law. 

8.  Building  for  manufacture,  when  a  nuisance. 

RULES,  &C. ,  ESTABLISHED  BY  MAYOR  ANI>  ALDERMEN. 

1.  Mayor  and  aldermen  to  appoint  keeper  of  magazine. 

2.  Duties  of  keeper  of  magazine. 

3.  No  person  to  keep  or  sell  without  license. 

4.  Licensed  persons  not  to  keep  more  than  seventy-five  pounds. 

5.  To  be  kept  in  copper  chests. 

6.  Vessels  not  to  land  or  receive  over  twenty-five  pounds 

without  permit. 

7.  Permits  to  land  or  ship  gunpowder,  how  granted. 

8.  Same  subject. 

9.  How  to  be  transported  through  "^ty. 

10.  Signs  to  be  put  up  by  licensed  persons. 

11.  Penalty. 

12.  Persons  to  transport  gunpowder  may  be  appointed  by 

mayor,  &c. 

Statutes. 
1.  In  every  town,  the  municipal  officers  may  make  reg- 
ulations, in  conformity  to  which  shall  be  kept  in  the  town 
or  transported  from  place  to  place  all  gunpowder,  petro- 
leum, coal  oils,  burning  fluids,  naphtha,  benzine,  and  all 
explosive  and  illuminating  substances  which  such  "officers 
shall  adjudge  dangerous  to  the  lives  or  safety  of  citi- 
zens ;  and   no  person  shall  keep  any  of  said  articles  in 


GUNPOWDER,    ETC.  223 

any  other  quantity  or  manner,  than  is  prescribed  in  such  penalty 
regulations,  under  a  penalty  of  not  less  than  twenty  nor 
more  than  one  hundred  dollars  for  each  offence ;  and  all 
such  articles  may  be  seized  by  any  of  said  officers  as 
forfeited ;  and  within  twenty  days  after  such  seizure,  be 
libeled  according  to  law. 

2.  A  person  injured  by  the  explosion  of  such  articles  Persons 

in  possession  of  any  person   contrary  to  the  regulations    Ixpi^slon^may 
established  as  aforesaid,  may  have  an  action  for  damages    recover 
against  such  possessor,  or  against  the  owner  thereof,  if  x^i"!^^' 
conusant  of  such  neglect. 

3.  Any  municipal  officer,  with  a  lawful  search  warrant,  Power  of  muni- 
may   enter  any  building  or  other  place  in  his  town  to    to^searcuTor 
search  for  such  articles  supposed  to  be  concealed  there    gunpowder, 
contrary  to  law.  ibid.  §26. 

4.  It  shall  not  be  lawful  for  any  person  or  persons  to  Not  lawful  for 
sell  any  gunpowder,  which  may  at  the  time  be  within  the    any  person  to 
cityi  of  Portland,  in  any  quantity,  by  wholesale  or  retail,    ^ty^f  Fan-  ^ 
without  having  first  obtained  from  the  mayor  and  alder-    land,  gunpow- 
men  of  said  city,  a  license  to  sell  gunpowder  ;  and  every    ^^'"^^i^^"' 
license  shall  be  written  or  printed,  and  duly  signed  by  the 

mayor,  on  a  paper,  upon  which  shall  be  written  or  printed  ^^l'  ^^'  ^^' 
a  copy  of  the  rules  and  regulations  established  relative  to 
keeping,  selling,  and  transporting  gunpowder  within  the 

._,  ii*  1  J-iiCGllSC  to  DC  in 

said  city  ;  and  every  such  license  shall  be  in  force  for  one  force  one  year, 
year  from  the  date  thereof,  unless  annulled  by  the  mayor 
and  aldermen,  and  no  longer  ;  but  such  license  may,  prior  ^^  ^ 
to  its  expiration,  be  renewed  by  an  endorsement  thereon    renewed, 
by  the  mayor  for  the  further  term  of  one  year,  and  so 
from  year  to  year ;  provided,  always,  that  the  mayor  and 
aldermen  may  rescind  or  annul  any   such  license,  if,  in  ^^'^viso. 
their  opinion,  the  person  or  persons  licensed  have  dis- 
obeyed  the    law,    or   infringed   any   rule  or   regulation 
established  by  the  mayor  and  aldermen. 

5.  Every   person  who  shall    receive  a  license  to  sell 
gunpowder,  as  aforesaid,  shall  pay  for  the  same  to  the  ^"dTor'^^ 
treasurer  of  the  city,  the  sum  of  five   dollars,  and  every    ucense. 
person  on  having  a  license  renewed,  shall   pay  to  said^^*^' ^  ^' 
treasurer  the  sum  of  one  dollar.  And  any  person  or  persons 

1  See  Title  "  Fli*  Department,"  §  19,  et  acq. 


224 


GUNPOWDER,  ETC. 


Persons 
licensed  to 
keep  a  sign 
over  the  noor 
of  the  building 
in  which  gun- 
powder is  sold, 
with  the  words 
thereon, 
"Licensed  to 
keep  and  sell 
Gunpowder." 

Mayor  and 
aldermen  may- 
establish  rules 
and  regula- 
tions for  the 
sale  of  gun- 
powder. 

Ibid.  §  3. 


Proviso. 


Penalties. 
Ibid.  §  4. 


When  build- 
ings for  man- 
ufacture of 
gunpowder 
shall  be 
deemed 
nuisances. 

1877,  c.  219. 


licensed  to  keep  and  sell  gunpowder,  as  aforesaid,  shall 
place  and  constantly  keep  in  a  conspicuous  place  over  or 
at  the  side  of  the  front  door  of  the  building  in  which 
powder  is  kept  for  sale,  a  sign,  on  which  shall  be  inscribed 
in  plain,  legible  letters,  the  words  following,  viz  :  "Licensed 
to  keep  and  sell  gunpowder." 

6.  The  mayor  and  aldermen  of  the  city  of  Portland 
are  authorized  to  make  and  establish  ruks  and  regula- 
tions, from  time  to  time,  relative  to  the  times  and  places 
at  which  gunpowder  may  be  brought  to  or  carried  from 
said  city,  by  land  or  water,  and  the  time  and  manner  in 
which  the  same  maybe  transported  through  said  city,  and 
prescribe/  the  kiiid  of  carriage,  boat  or  vehicle,  in  which 
the  same  may  be  brought  to,  transported  through,  or 
carried  from  said  city.  Provided,  however,  that  said 
rules  and  regulations  shall  not  be  applied  to  any  person 
or  persons,  excepting  inhabitants  of  the  city  of  Portland, 
until  personal  notice  shall  have  been  given  of  the  existence 
of  said  rules  and  •regulations. 

7.  If  any  gunpowder,  kept  contrary  to  the  provisions 
of  this  act,  or  contrary  to  the  terms  and  conditions  of  any 
such  license,  or  to  any  rules  and  regulations  established 
or  to  be  established,  by  the  mayor  and  aldermen,  as 
aforesaid,  shall  explode  in  any  shop,  store,  dwelling- 
house,  warehouse,  or  other  building,  or  in  any  other  place 
in  said  city,  the  tenant,  occupant,  or  owner  of  said  shop, 
store,  dwelling-house,  warehouse,  or  other  building,  or 
place,  shall  pay  a  fine  of  not  less  than  fifty  nor  more  than 
three  hundred  dollars,  one  moiety  thereof  to  the  use  of 
the  poor  of  said  city,  and  the  other  moiety  to  the  use 
of  the  person  who  may  sue  therefor,  to  be  recovered  by 
action  of  debt. 

8.  If  a  person  carries  on  the  business  of  manufacturing 
gunpowder,  or  of  mixing  or  grinding  the  composition 
therefor,  in  any  building  within  eighty  rods  of  any  valu- 
able building  not  owned  by  such  person  or  his  lessor, 
which  was  erected  when  such  business  was  commenced, 
the  former  building  shall  be  deemed  a  public  nuisance ; 
and  such  person  may  be  prosecuted  accordingly. 


GimPOWDER,  ETC.  225 


Mayor  and 

Riiles   and  Resculations  aidermen  to 

^-^  appoint 

ESTABLISHED   BY   [MAYOR   AND   ALDERMEN.  keeper  of 

powder  maga- 
zine. 

1.  The  mayor  and  aldermen  shall  annually,  in  the  Adopted  by 

*'^  ^  "^  mayor  and 

month  of  April,  appoint  a  keeper  of  the  city  powder   awermen, 
magazine,  who  shall   be   sworn  to, the  faithful  ^i^  ^o^^^e'h^ 
charge  of  the  duties  of.  the  oflSce,  and  give  bond  with  Rev.  ord.  ises. 


sureties  to  be  approved  by  theJ  mayor^nd  aldermen 
in  the  sum  of  two  hundred  dollars  for  the  faithful 
performance  of  his  duties. 

Duties  of  keep- 

2.  It  shall  be  the  duty  of  the  keeper  of  the  city   er  of  powder 
powder  magazine  to  receive  and  safely  keep  in  the   "magazine. 
city  powder  magazine,  all  powder  brought  thereto 

for  deposit,  and  deliver  the  same  to  the  owner 
thereof,  or  his  order,  when  thereto  requested,  for 
such  fees,  to  be  paid  to  him  by  such  owner,  as  may 
be  established  therefor,  and  shall  only  deliver  powder 
in  the  manner  prescribed  in  these  rules  and  regula- 
tions. NO  person 

3.  No  person  shall  keep  or  have  in  his  shop,  store,    allowed  to 

k66D  OT  8611 

dwelling-house  or  other  tenement,  at  any  one  time,  a   gunpowder 

larger  quantity  of  gunpowder  than  one  pound  unless   without 

he  is  licensed  by  the  mayor  and  aldermen  to  keep 

and  sell  gunpowder,  which  license  shall  expire  in  one 

year  from  its  date.  no  licensed 

4.  No  person  licensed  as  aforesaid,  shall  have  or  ^ver^  ms.^^ 
keep  in  his  store,  shop,  dwelling-house  or  any  other  iwd.  as 

-  .  1  ■•     ,  .  ..  amended  In 

tenement,    or    place    whatever,    at   any   one   tune,    jses. 
a  larger   quantity   of  gunpowder   than   seventy-five 

pounds.  To  be  kept  In 

5.  Every  person  licensed  as  aforesaid,  shall  pro-   copper  chest*, 
vide  himself  with  a  strongly  made  copper  chest  or 

box,  with  a  copper  cover  well  secured  with   hinges 
and  lock  of  the  same  material ;  and  the  kegs  or  can-  chests  to  be 
isters  in  which  said  powder  may  be,  shall  be  kept  in   ^'^j^*^^^' 
said  copper  chests  or  box,  which  shall,  at  all  times, 


226 


GUNPOWDER,  ETC. 


Vessels  not  to 
land  or  receive 
over  25  lbs. 
without  per- 
mit. 


Not  to  lay  at 
any  wharf. 


Mayor  and 
chairman  of 
committee  on 
fire  depart- 
ment may 
grant  permits 
to  land  or  ship 
gunpowder. 


Same  subject. 


How  to  be 
transported 
through  the 
city. 


be  placed  near  the  outer  door  of  the  building  in 
which  it  is  kept,  in  a  convenient  place  for  removal 
in  case  of  fire. 

6.  No  person  shall  haul  unto  or  lay  at  any  wharf 
bridge  or  other  landing  place  in  this  city,  or  bring 
within  two  hundred  yards  thereof  any  boat  or  vessel 
having  on  board  any  quantity  of  gunpowder  exceed- 
ing twenty-five  pounds,  or  land  from  or  receive  on 
board  any  boat  or  vessel,  at  any  such  wharf,  bridge 
or  landing  place,  any  gunpowder  exceeding  the 
amount  aforesaid  without  obtaining  a  permit  from 
the  mayor ;  and  no  boat  or  vessel  with  gunpowder 
onboard  in  quanity  exceeding  twenty-five  pounds, 
shall  remain  at  any  wharf,  bridge  or  other  landing 
place  in  the  city  more  than  six  hours  ;  nor  shall  any 
such  boat  or  vessel  be  allowed  to  ground  at  any  such 
place,  or  remain  there  after  sunset. 

7.  The  mayor,  or  in  his  absence,  the  chairman  of 
the  committee  on  fire  department,  may  grant  permits 
to  land  gunpowder  for  immediate  shipment  or  trans- 
portation, on  either  of  the  abutments  near  the  draw 
of  Tukey's  bridge ;  they  may  also  grant  permits  to 
land  or  ship  gunpowder  from  canal  boats  or  other 
boats  on  board  vessels  lying  at  or  near  the  end  of 
Smith's  wharf  or  either  of  the  wharves  between  said 
Smith's  wharf  and  Portland  bridge,  provided  that  the 
consent  in  writing  of  the  owner  or  agent  or  wharf- 
inger of  such  wharf  shall  first  be  delivered  to  tlie 
mayor. 

8.  The  mayor,  or  in  his  absence,  the  chairman  of 
committee  on  fire  department,  may  grant  permits  for 
landing  upon  or  shipment  from  any  wharf  in  the  city, 
of  gunpowder  in  quantity  not  exceeding  six  kegs  of 
twenty-five  pounds  each. 

9.  No  gunpowder  shall  be  conveyed  from  the  man- 
azine  through  any  street  in  the  city  in  any  carriage 
other  than  the  one  provided  for  such  purposes  by 


GUI^OWDER,  ETC.  227 

the    city,    excepting  however,  that   a   quantity   not 

exceeding  six  kegs  of  twenty-five  pounds  each  may 

be  conveyed  through   any  street  if  the  same  be  in 

tight  casks  and  each  of  said  casks  put  into  a  strong 

bag   and   remain  in  such  bag  while  in  any  street. 

Provided,    that  the   owners    of  pow^der   mills   may  Proviso. 

transport  powder  to  the  city  powder  magazine,  or 

when  the  Cumberland  and  Oxford  canal  is  closed,  to 

the  bridge  or  the  wharves  named  in  section  seven, 

entering  the  city  by  Congress  or  Portland  streets,  streets  through 

along  Vaughan,  Brackett  and  Arsenal  streets,  to  the   which  gun- 

.,  ,  •  •      xi_    •  •  /•  1        powder  may 

City  powder  magazme,  in  their  own  carnages  safely  be  conveyed. 
covered.  And  the  owners  of  powder  mills  may  con- 
vey powder  intended  for  shipment  as  in  section 
seven,  in  their  own  caniages  safely  covered,  through 
Vaughan,  Danforth  and  Canal  streets,  to  the  wharves 
named  in  section  seven,  and  in  no  case  shall  any 
vehicle  in  which  powder  is  so  conveyed,  be  allowed 
to  stop  in  any  street.  Provided,  however,  that  on  proviso. 
and  after  the  completion  of  Waldo  street,  said  car- 
riages, when  transporting  powder  for  shipment  as 
aforesaid,  shall  pass  through  said  Waldo,  Canal  and 
Commercial  streets  to  the  wharves  aforesaid. 

10.  Every  person  licensed  to  sell  gunpowder  shall  persons 
have  and  keep  a  sign  board  over  the  outside  of  the    licensed  to 
door  or  principal  entrance  to  the  building  in  which   the  door,  with 
such   powder  is  kept,  on  which   shall  be  distinctly   the  words 

.      ■  ^       .  "^      "  Licensed  to 

painted  the  words,  "Licensed  to  keep  and  sell  gun-   keep  and  seu 

powder."  gunpowder" 

^  thereon. 

11.  Every  person  violating  any  of  these  rules  and 
regulations  will  be  liable  to  a  fine  of  not  less  than  ^^^^^ities. 
twenty  nor  more  than  one  hundred  dollars,  as  pro- 
vided in  revised  statutes,  chapter  tw^enty-six. 

12.  The  mayor  and  aldermen  shall  annually  appoint  Mayor  and 
one  or  more  persons  whose  duty  it  shall  be  to  trans-   ^'<^®""®°*^ 


228  GUNPOWDER,  ETC. 

appoint  per-    port  all  gunpowder  in  the  city  that  may  be  required, 
sons  to  trans-   ^^^  ^^^  g^^^jj  have  the  custodv  of  the  vehicle  provided 

portgunpow-  *'  ^  ^ 

der.  for  that  purpose,  whose  compensation  shall  be  such  as 

the  mayor  and  aldermen  may  determine. 


Harbor'  of  Portland, 


Statutes. 

1.  The  boundaries  of  the  harbor  of  Portland  defined. 

2.  Same  subject. 

3.  Wharves,  &c.,  not  to  be  extended  beyond  said  lines,  or 

materials  deposited  in  said  harbor,  or  land  removed, 
Abatement  of  such  erections,  &c. 

4.  Receiving  basins  and  reservoirs  in  said  harbor  defined, 

subject  to  control  of  commissioners.  Erections,  &c.. 
therein,  without  permission,  prohibited.  Such  permis- 
sion to  be  deposited  and  recorded. 

5.  Prosecutions  and  punishment  for  violations  of  this  act. 

6.  Appointment  of  commissioners.     Term  of  office. 

7.  S.  J.  Court  may  issue  writ  of  injunction,  &c. 

8.  Commissioners'  powers  extended — ^restrictions  and  penal- 

ties. 

9.  Compensation  of  commissioners. 

10.  Act  of  1874.     Fore  river  lines. 

11.  "  "        No  wharves  beyond  harbor  lines. 

12.  "  "        Existing  remedies  extended. 

13.  "       1877.     Certain  laws  not  to  apply  to  Portland  harbor. 

14.  "  "  "        "    continued  in  force.    Power  of 
commissioners. 

15.  Atlantic  &  St  Lawrence  wharves  beyond  common  line. 

Ordinances. 

1.  Harbor  master  to  be  appointed. 

2.  "  "        his  duties. 

3.  Stones,  &c.,  not  to  be  thrown  in  the  harbor. 

4.  Rules  for  vessels  in  harbor. 
6.    Penalty  for  violating  rules. 

6.     Of  vessels  anchored  contrary  to  rules. 

1  The  legislature  has  power  to  establish  a  harbor  line  and  enforce  its  act, 
Coofimonwealth  v.  Alger,  7  Gushing,  53. 

See  R.  S.,  1871,0.36,  "Lighters  and  Harbors,"  and  full  provisions  for 


230 


HAKBOR  OF  PORTLAND. 


Statutes. 


The  boundaries 
of  the  harbor 
of  Portland 
defined. 


Act,  1856,  c.  654, 
§1- 


This  part  of 
boundary 
changed  by 
act  of  1881, 
given  below 
in  full. 


RELATING   TO    PORTLAND    HARBOR. 

1.  The  harbor  of  Portland  is  bounded  north-westerly 
by  a  line  commencing*  at  the  eastern  corner  of  the  Gas 
Company's  wharf,  next  above  the  Portland  bridge,  and 
extending  sti'aight  to  the  southern  corner  of  the  end  of 
Robinson's  wharf,  and  along  the  end  of  it  to  the  eastern 
corner  ;  thence  straight  to  the  southern  corner  of  the  end 
of  Central  wharf,  and  along  the  end  of  it  to  the  eastern 
corner ;  then  straight  to  the  southern  corner  of  the  end  of 
Custom  House  wharf,  and  along  the  end  of  it  to  the  east- 
ern corner ;  thence  straight  to  the  southern  corner  of  the 
end  of  Railway  wharf,  and  along  the  end  of  it  to  the 
eastern  corner ;  thence  to  the  southern  corner  of  the  end 
of  St.  Lawrence  wharf,  and  along  the  end  of  it  to  the 
eastern  corner  f  thence  parallel  to  the  straight  portion  of 
the  outside  railroad  track,  to  the  shoals  to  the  southward 
of  Fish  point,  as  defined  on  the  plan  of  Portland  harbor, 
made  by  the  United  States  Coast  Survey,  in  the  year  one 
thousand  eight  hundred  and  fifty-three. 


Act  of  1881, 
Feb.  24. 

Boundaries 
east  of  Gait's 
wharf. 


2  Section  1.  That  portion  of  the  harbor  commissioners'  line  in  Portland 
harbor,  established  in  the  year  eighteen  hundred  and  fifly-six,  lying  easterly 
of  Gait's  wharf,  so  called,  is  hereby  changed  and  established  to  run  as  fol- 
lows :  Starting  at  a  point  located  at  the  south-east  corner  of  Gait's  wharf,  at 
the  junction  of  the  straight  southerly  face  with  the  curve  forming  this, 
round,  corner  of  said  wharf,  marked  by  a  composition  spike,  driven  into  the 
cap  timber  about  one  and  a  one-half  inches  from  its  outer  edge.  By  refer- 
ence to  two  fixed  points,  marked  by  copper  bolts  and  called  the  east  and 
west  base,  the  former  on  the  outer  pier  of  Portland  Breakwater,  the  latter 
thirty -eight  and  five-tenths  feet  west  of  the  shore  end  of  the  same,  the  start- 
ing point  is  permanently  located  as  follows.  Angle  at  west  base  between 
Gait's  wharf  and  east  base,  eighty-six  degrees,  seven  minutes.  Angle  at 
east  base  between  Gait's  wharf  and  west  base,  fifty-six  degi-ees,  three 
minutes.  Distance  from  west  base  to  Gait's  wharf,  composition  spike,  tvvo 
thousand  six  hundred  ninety  and  thirty-four  one-hundreths  feet.  Distance 
from  east  base  to  Gait's  wharf,  composition  spike,  three  thousand  two  hun- 
di-ed  thirty-five  and  seventy-eight  one-hundredths  feet.  Starting  from  the 
point  on  Gait's  whai-f,  located  and  described  as  above,  the  line  runs  north- 
easterly, making  an  angle  of  fifty-six  degrees,  five  minutes,  with  the  east 
base,  for  a  distance  of  three  thousand  one  hundred  and  ninety  feet,  to  a 
point  lying  in  the  prolongation  of  the  north-easterly  side  of  the  easterly 
Great  Eastern  wharf,  so  called,  and  three  hundred  and  fifteen  feet  distant 
from  the  south-easterly  corner  of  said  wharf ;  thence  northerly  and  tangent 
to  the  curved  harbor  commissioners'  line  ai'ound  Fish  Point,  established  by 
the  commission  of  eighteen  hundred  and  sixty-eight. 

Section  2.    Tbis  act  shall  take  effect  when  approved. 


HARBOR  OF   PORTLAND.  231 

,  2.  It  is  bounded  southeasterly  by  a  line  commencing  same  subject, 
at  the  end  of  the  breakwater  as  it  now  is,  and  extending  iwd.  §2. 
southwestly  to  the  easterly  corner  of  the  end  of  Ferry 
wharf ;  thence  along  the  end  of  it  to  its  westerly  corner ; 
thence  in  a  straight  line  to  Portland  bridge,  at  a  point  of 
eight  hundred  and  fifty  feet  from  the  point  where  the 
northwesterly  line  of  the  harbor  touches  said  bridge,  and 
nine  hundred  and  seventy-five  feet  from  the  line  of  high 
water  mark  in  Cape  Elizabeth. 

3.  No  wharf  or  incumbrance  of  any  kind  shall  ever  Wharves,  &c., 

hereafter  be  erected  or  extended  into  said  harbor  beyond    "***  **^  3^®. 

''  extended 

either  of  said  lines.     No  stones  or  other  materials  shall    beyond  said 
be  deposited  in  said  harbor.     No  land  within  the  same    1^°®^,  or  ma- 
cbvered  with   water   shall   be   be   removed   without   the    iteiTi^saS'^ 
written     permission     of     the     commissioners     hereafter   harbor,  or 
named.       Every    erection,    incumbrance     or     material,     ^°  remove  . 
erected,  placed  or  deposited  in  said  harbor,  within  the   such  erections, 
lines  aforesaid,  shall  be  deemed  a  public  nuisance  liable    &c. 
to  abatement.  ™^-  §  ^' 

4.  The  receiving  basins  ai^d  reservoirs  of  said  harbor  Receiving 
shall  comprehend  the  tidal  waters   of    Fore  river   and   J^gg^v^rsof 
Back   Cove,  and   those   along  the  shore  north  easterly    said  harbor 
to  the  easterly  side  of    the  mouth  of   the  Presumpscot   ^^^^d- 
river.     They  shall  be  and  hereby  are  subjected  to  the  subject  to  con- 
control  and  regulation  of    the  commissioners  hereafter   troiofcom- 
named.      No   erection,   incumbrance   or   material,   shall   ""ssioners. 
hereafter  be  placed  or  deposited  in  those  waters,  which 

will  obstruct  the  flow  and  ebb  of   those  waters,  or  dimin-  ^!;«^«!>°^'  *^' 

'  therein,  with- 

ish  the  volume  thereof,  without  the  written  permission  of   out  written 

said  commissioners,  or  of  a  major  part  of  them,  therein   Permission  of 

commission- 
describing  the  extent  and  character  of   the  erection  or  ers  prohibited, 

depo^  so  permitted.      Such  permission  by  them  sub-  suchpermis- 

scribed  shall  be  left  with  the  clerk  of  the  city  of  Portland,    ^^o"  t^  be 

to  be  by  him  recorded  before  any  such  erection,  obstiiic-   and^recorded 

tion  or  deposit  is  made.     All  erections,  obstructions  or  j^^.^  .^ 

deposits,  made  contrary  to  these  provisions,  are  to  be 

deemed  public  nuisances  and  liable  to  abatement. 

5.  Any  person   who  shall  offend  against  any  of  the 
pDovisions  of    this   act,   shall   be   deemed  guilty   of    a 

14 


Ibid.  §  6. 


232  HAKBOR  OF    PORTLAND. 

Prosecutions     misdemeanor,   and    liable    to    prosecution    therefor,  by 

and  punish-      indictment  in  any  court  of  competent  jurisdiction,  and 

"onsoTtMs^^"  o^  conviction,  be  punished  by  a  fine  not  exceeding  five 

act.  hundred  dollars ;  and  he  may  also  be  sentenced  to  pay 

Ibid.  §5.  all    expenses    for    an    abatement   or   removal  of    such 

erection,  obstruction  or  deposit  made  by  him,  and  to 

stand  committed  until  he  shall  pay  the  same,  or  give 

satisfactory  security  therefor. 

6.  The  governor  shall  nominate,  and  with  the  advice 
and  consent  of  the  council,  appoint  three  persons  com- 

Appointment     miggioQers   of   the   harbor   and  tidal   waters   connected 

of  commis- 

sioners.  therewith,  of    the  city  of  Portland.     One  of   those  first 

appointed  shall  continue  in  office  one  year,  one  for  two, 

and  the  other  for  three  years.     At  the  expiration  of  each 

Terms  of  their  person's  term  of    service,  the  same  or  another  person 

.!*^^!\  i^tiall   in   like  manner  be  appointed  to  serve  for  three 

years.  When  a  vacancy  shall  liappen  by  death,  resigna- 
tion, or  removal  from  the  State,  another  person  shall  in 
like  manner  be  appointed  in  his  place  to  continue  in 
service  to  the  end  of  his  teftn.  ' 

7.  Whenever  on  application  of  the  mayor  and  alder- 
men of  the  city  of  Portland,  or  of  the  commissioners  of 

issue  \Trit of'  the  harbor  of  Portland,  it  shall  be  made  to  appear  to  the 

injunctioi*       supreme  judicial  court  at  any  term  thereof  holden  in  said 

city,  or  to  any  justice  thereof  out  of  such  term  time,  that 

any  person  or  persons  are  violating  the  provisions  of  an 

act  to  preserve  the  harbor  of   Portland,  approved  April 

third,  eighteen  hundred  and  fifty-six,  [sections  4,  5,  and 

6  above],  such  court  or  justice  may  forthwith  iss-ue  a  writ 

of  injunction  to  stay  all  proceedings  adjudged  to  be  in 

dissoive!con-^  violation  of   said  act  until  further  order,  and  may  on  a 

tinueormake   hearing,  dissolve,  continue  or  make  such  injunctiWi  per- 

pwpeluaL        petual  as  justice  may  require,  and  may  adjudge  that  the 

Costs  of  injiinc-  person  or  persons  so  violating  the  law  shall  pay  all  costs 

to^b'^^-^^^"^  and  expenses  of  such  proceedings,  and  so  much  thereof 

Act  1858,0. 151.  ^^  shall  not  be  thus  paid,  shall  be  paid  by  the  city  of 

Portland. 

8.  All  the  powers  heretofore  conferred  upon  the  com- 
Commission-      missiouers  of   the  harbor  of  Portland,  over  the  receiving 

^'^te^d^^^      basins  and  reservoirs  of  said  harbor,  are  hereby  extended 


S.  J.  Court  may 


HARBOR   OF   PORTLAND.  233 

over  the  tidal  waters  southerly  and  easterly  of  the  lines 

of  said  harbor,  so  far  as  the  jurisdiction  of  this  State 

extends,  including  all  channels  and  entrances  into  said 

harbor ;  and  all  acts  forbidden*  to  be  done  within  the  Restrictions 

bounds  of  said  basins  and  reservoirs  are  forbidden  to  be  ^f'^  ^^°"  '^®®' 

Ibid.  c.  161,  §  1.. 

done  within  the  bounds  herein  designated,  under  the  like 
restrictions  and  penalties  and  with  like  modes  of  redress 

Compensation 

as  provided  by  the  former  and  present  acts.  of  commis- 

9.  The  commissioners  shall  be  entitled  to  receive  from    sioners. 

.,  .  /.     T^      .1        1  ,,  .  ,.  ,,    St.,  1856,  c.  654, 

the  city  of   Portland  a  reasonable  compensation  for  all    §  7. 
services  actually  performed.  Actof  1874. 

10.  The  following  lines  are  hereby  established  as  the  ^*^^''^"°^^*'° 

°  *'  on  Fore  nver, 

harbor  lines  in  Fore  river  of  Portland  harbor,  as  defined    Portland 

on  the  plan  of  the  same  accompanying  the  report  of  the    harbor. 

advisory  council  called  by  the  commissioners  on  Portland 

harbor,  in  the  year  one  thousand  eigl^t  hundred  and  sev-  Lines  on  the 

enty-three,  to  wit,  "The  line  on  the  northerly  side  of  the    northerly  side 

.  ,       .  \  .  •  -^  of  the  river, 

river  begins  at  the  termination  of   the  Ifiarbor  line   of 

eighteen  hundred  and  fifty-five,  at  the  south-westerly 
corner  of  the  pile  wharf  of  the  gas  company,  marked 
*A'  on  said  plan  and  runs  south-westerly  in  a  straight 
line  to  the  outer  angle  of  the  stone  wharf,  next  westwardly 
from  the  said  pile  wharf,  marked  'B'  on  said  plan  ;  thence 
westwardly  in  a  straight  line  to  the  south-easterly  corner 
of  the  solid  abutment  at  the  northerly  end  of  the  eastern 
railroad  bridge,  marked  'C  on  said  plan ;  thence  west- 
wardly in  a  straight  line  to  the  south-westerly  corner  of 
the  pile  wharf  of  the  plaster  mill,  marked  'D'  on  said 
plan  ;  thence  westwardly,  more  northerly,  in  a  straight 
line,  at  an  angle  of  one  hundred  and  seventy-three  de- 
grees and  thirty-five  minutes  with  the  last  named  line,  a 
distance  of  eight-hundred  feet  to  a  point  marked  'E'  on 
said  plan  ;  thence  westwardly  more  northerly,  in  a  straight 
line,  at  an  angle  of  one-hundred  and  seventy-eight  degrees 
and  fifty-five  minutes  with  the  last  named  line,  a  distance 
of  eight  hundred  feet,  to  a  point  marked  'F'.  on  said 
plan  ;  thence  westwardly,  more  southerly,  in  a  straight 
line,  at  an  angle  of  one  hundred  and  seventy-six  degrees 
and  forty-five  minutes  with  the  last  named  line,  a  distance 
of  six  hundred  feet,  to  a  point  marked  'G'  on  said  plan  ; 
thence  westwardly,  more  southerly,  in  a  straight  line  at 


•234  .  HARBOR   OF  PORTLAND. 

an  angle  of  one  hundred  and  sixty-six  degrees  with  the 
last  named  line,  a  distance  of  six  hundred  feet,  to  a  point 
marked  'H'  on  said  plan  ;  thence  westwardly,  still  more 
southerly,  in  a  straight  line,  at  an  angle  of  one  hundred 
and  seventy-one  degrees  and  ten  minutes  with  the  last 
■  named  line,  a  distance  of  six  hundred  and  fifteen  feet,  to 
a  point  marked  'I'  on  said  plan  ;  thence  north-westwardly 
on  an  arc  of  a  circle  of  three  hundred  and  forty  feet 
radius,  of  which  the  last  named  line  is  tangent,  a  distance 
of  about  five  hundred  and  eighty-three  feet,  to  a  point 
marked  'J'  on  said  plan  ;  thence  northerly,  in  a  straight 
line  tangent  to  said  circle,  to  a  point  on  the  south-easter- 
ly side  of  the  Boston  and  Maine  railroad  bridge,  distant 
two  hundred  feet  south-westerly  from  the  stone  sea  wall 
at  the  north-easterly  end  of  said  bridge,  measuring  along 
the  easterly  side  thereof,  to  a  point  marked  'K'  on  said 
plan.  The  lines  on  the  southerly  side  of  the  river  are 
located  in  two  sections.  In  section  one,  beginning  at  a 
point  marked  'A'  on  said  plan,  on  the  westerly  side  of 
^Southerly  side,  Poi'tland  bridge  in  line  with  the  sea  wall  of  the  Dry  Dock 
section  one.  company's  wall  extended,  which  point  corresponds  with 
the  point  of  intersection  of  the  commissioners'  line  of 
eighteen  hundred  and  fifty-five ;  with  the  said  westerly 
side  of  said  bridge  ;  the  line  runs  south-westerly  in  a 
straight  line  at  an  angle  of  one  hundred  and  six  degrees 
and  forty-six  minutes  with  said  westerly  side  of  said 
bridge,  a  distance  of  six  hundred  feet  to  a  point  marked 
'B'  on  said  plan  ;  thence  more  westerly  in  a  straight  line, 
'  :at  an  an  angle  of  one  hundred  and  sixty-three  degrees 
and  forty-five  minutes,  with  the  last  named  line  a  distance 
of  six  hundred  feet  to  a  point  marked  'C  on  plan  ;  thence 
still  more  westerly  in  a  straight  line  at  an  angle  of  one 
hundred  and  sixty-four  degrees  and  fifty-five  minutes, 
with  the  last  named  line,  a  distance  of  six  hundred  feet 
to  a  point  marked  'D'  on  said  plan  ;  thence  westerly,  in  a 
straight  line,  to  the  westerly  corner  of  the  solid  abutment 
on  the  southerly  end  of  the  Eastern  railroad  bridge,  marked 
'E'  on  said  plan  ;  thence  westerly,  in  a  straight  line,  at  an 
angle  of  one  hundred  and  thirty-seven  degrees  and  ten 
minutes,  with  the  westerly  side  of  said  railroad  bridge,  a 


HARBOR  OF   PORTLAND.  235 

distance  of  one  thousand  feet,  to  a  point  marked  'F'  on 
said  plan  ;  thence  westerly,  more  southerly,  in  a  straight 
line,  at  an  angle  of  one  hundred  and  seventy-two  degrees 
and  forty-five  minutes  with  the  last  named  line,  a  distance 
of  six  hundred  feet,  to  a  point  marked  'G'  on  said  plan ; 
thence  westerly,  more  southerly,  in  a  straight  line,  at  an 
angle  of  one  hundred  and  forty-one  degrees  and  thirty 
minutes  with  the  last  named  line,  a  distance  of  six 
hundred  feet,  to  a  point  marked  'H'  on  said  plan  ;  thence 
southerly,  in  a  straight  line,  at  an  angle  of  one  hundred 
and  forty-four  degrees  and  ten  minutes,  with  the  last 
named  line,  a  distance  of  one  hundred  feet,  to  a  point 
marked  ^I'  on  said  plan.  On  section  two,  beginning  at 
a  point  marked  'K'  on  said  plan,  at  the  northerly  corner  so^tjje,iy  gi^e 
of  the  solid  abutment  on  the  westerly  end  of  the  Boston  section  two. 
and  Maine  raili'oad  bridge,  the  line  runs  southerly  in  a 
straight  line,  to  the  north-westerly  coi-ner  of  the  Rolling 
Mills  bridge,  marked  'L'  on  said  plan ;  thence  south- 
easterly, in  a  straight  line,  to  a  point  on  the  SQuth-easterly  • 
sideof  Yaughan's  bridge,  distant  three  hundred  and  forty 
feet  south-westerly  from  the  easterly  corner  of  the  abut- 
men  on  the  southerly  side  of  the  draw-way  opening  in 
said  bridge,  marked  'M'  on  said  plan  ;  thence  southerly, 
more  easterly,  in  a  straight  line,  at  an  angle  of  one 
hundred  and  fifty-seven  degrees  and  thirty-five  minutes 
with  the  last  named  line,  a  distance  of  six  hundred  and 
fifteen  feet  to  a  point  marked  'N'  on  said  plan  ;  thence 
in  a  straight  line  easterly,  at  an  angle  of  one  hundred  and 
fifty-five  degrees  and  five  minutes  with  the  last  named 
line,  a  distance  of  six  hundred  feet,  to  a  point  marked 
'O'  on  said  plan  ;  thence  in  a  straight  line  easterly,  a 
little  northerly,  at  an  an  angle  of  one  hundred  and 
sixty-one  degrees  and  ten  minutes  with  the  last  named 
line,  a  distance  of  six  hundred  feet,  to  a  point  marked 
'P'  on  said  plan  ;  thence  in  a  straight  line  easterly,  more 
southerly,  at  an  angle  of  one  hundred  and  fifty  degrees 
and  thirty  minutes  with  the  last  named  line,  a  distance  of 
six  hundred  feet,  to  a  point  marked  'Q'  on  said  plan ; 
thence  in  a  straight  line  southerly,  at  an  angle  of  one 
hundred  and  thirty-eight  degrees  and  forty  minutes  with 


236 


HARBOR   OF  PORTLAND. 


No  wharves  to 
extend  be- 
yond harbor 
harbor  lines. 

Ibid.  §  2. 

Wharves.  &c. 
within  harbor 
to  be  built  by- 
permission 
of  Harbor 
Commission- 
ers. 


Permission  i*e- 
corded  with 
city  clerk. 


Existing  rem- 
edies extended 
Ibid.  §  3. 


C.  78,  Laws  of 
1876  shall  not 
apply  to  Port- 
land Harbor. 

Act  1877,  c.  383. 

C.  654,  of  1856 
and  c,  544,! 
1874  continued 
In  force. 

Ibid. 


Power  of  Har- 
bor Commis- 
sioners. 


the  last  named  line,  a  distance  of  six  hundred  feet  to  a 
point  marked  'R'  on  said  plan. 

1 1 .  No  wharf  or  incumbrance  of  any  kind  shall  here- 
after be  erected  or  extended  into  said  fore  river,  beyond 
either  of  said  lines  ;  and  no  wharf,  erection  or  incumbrance 
or  alteration  or  enlargement  of  any  wharf,  erection  or 
incumbrance  heretofore  made,  built  or  erected,  shall 
hereafter  be  made  between  the  lines  of  Portland  harbor 
as  heretofore  established,  and  high  water  mark,  or  with- 
in the  lines  established  by  this  act  and  high  water  mark, 
without  the  written  permission  of  the  commissioners  of 
the  harbor  and  tidal  waters  of  the  city  of  Portland,  therein 
describing  the  extent  and  character  of  the  work  so  per- 
mitted ;  such  permission  by  them  subscribed  shall  be  left 
with  the  clerk  of  the  city  of  Portland,  to  be  by  him 
recorded,  before  such  work  shall  be  commenced.  Any 
wharf,  erection,  incumbrance  or  alteration  or  enlargement 
of  the  same,  made  contrary  to  these  provisions,  shall  be 
deemed  a  public  nuisance  and  liable  to  abatement. 

12.  All  remedies  by  indictment,  injunction  or  otherwise 
heretofore  existing  and  given  for  violation  of  any  pro- 
visions of  law  relating  to  Portland  harbor  are  hereby 
extended  to  violations  of  the  provisions  of  this  act,  and 
this  act  shall  not  be  held  to  repeal  any  previous  act 
relating  to  said  harbor,  or  in  any  manner  to  abridge 
the  powers  of  said  commissioner  over  the  same. 

13.  Chapter  seventy-eight  of  the  public  laws  of 
eighteen  hundred  and  seventy-six  shall  not  apply  to 
Portland  harbor,  or  to  the  harbor  commissioners  of 
Portland  harbor. 

14.  Chapter  six  hundred  and  fifty-four  of  the  special 
laws  of  eighteen  hundred  and  fifty-six,  being  "an  act 
to  preserve  the  harbor  of  Portland,"  and  chapter  five 
hundred  and  fifty-four  of  the  special  laws  of  eighteen 
hundred  and  seventy  four,  being  "an  act  to  establish  the 
line  of  Portland  harbor  in  Fore  river,"  shall  continue  in 
full  force  and  effect,  and  said  harbor  commissioners  shall 
continue  to  exercise  all  the  powers  conferred  upon  them 
by  said  special  laws,  and  shall  have  and  exercise  all  the 
powers  which  are  conferred  upon  the  municipal  oflScers 
of  towns  by  said  chapter  seventy-eight. 


HARBOR   OF  PORTLAND.  237 

15.  The  Atlantic  and  St.  Lawrence  Railroad  Company  AUanticand 

and  its  lessees,  are  hereby  authorized  to  build  and  main-  sl  Lawrence 

tain  in  the  waters  of  Portland  Harbor,  and  in  front  of  ofGait'8 

any  lands  now  owned  or  leased  by  said  parties  or  which  wharf  to  be 

may  be  hereafter  purchased  or  leased,  a  wharf  or  wharves  g^™  yon^i  ° 

extending  into  said  waters  to  a  distance  not  exceeding  conunissioi>- 

two  hundred  feet  beyond  the  harboi*  line  eastward  of  era'Une. 
Gait's  wharf    provided  that  the  consent  of   the  harbor 
commissioners  of  Portland  or  the  city  council  of  Port- 
land shall  first  be  obtained. 

Ordinances. 

1 .  There  shall  be  elected  annually,  on  the  second  Harbor  master 
Monday  of  the  month  of  March,  or  as  soon  there-   tobeap- 

^  1,1.  .1    .  .  pointed. 

after  as  may  be,  by  the  city  council  in  convention, 

an  able  and  discreet  person,  to  be  styled  the  harbor 

master,^  who  shall  hold  said  office  until  removed,  or 

a  successor  appointed;  and  he  shall  be  sworn  to  the  To  be  sworn. 

faithful   performance  of  his  duty.     He  shall  receive 

such  compensation  for  his  services  as  the  city^council    o™p®°^^<*"- 

shall  establish,  and  shall  be  removed  at  their  pleasure  ;  okl  March  29, 

and  in  ease  said  office  shall  be  vacant  at  anytime,    i^^o.andre- 

•^  enacted  in 

such  vacancy  shall  be  filled  forth^vith,  in  the  manner   Rev.ord.i868. 
prescribed. 

2.  It  shall  be  the  duty  of  the  harbor  master  to  take  Duties  of  Har- 
charge  and  see  to  the  preservation  of  the  harbor,    *'^'^™^'®^' 
within  the  limits  of  the  city  of  Portland,  and  extend- 
ing to  low  water  mark  on  the  shore  of  Cape  Elizabeth, 

and  to  enforce  all  such  rules  and  regulations  as  may 
be  ordained  or  ordered  by  the  city  council  or  ma^^or 
send  aldermen  from  time  to  time,  with  reference 
thereto,  and  to  collect  all  penalties  that  may  be 
incurred  by  a  violation  of  the  same. 

3.  No  person  shall  throw  or  deposit,  or  cause  to 

.,.  .111  .  stones,  ftc, 

be  thrown  or  deposited,  m  said  harbor,  any  stones,    not  to  be 
fijrayel,  cinders,  ashes,  dirt,  mud,  or  other  substance    thrown  into 

*-'  harbor. 

»  Harbor  master  may  be  appointed  by  towns  also;  1872,  c.  53. 


238  HARBOR  OF   PORTLAND. 

which  may  in  any  respect  tend  to  injure  the  naviga- 
tion thereof.   And  any  person  violating  the  foregoing 
provisions  of  this    section,  shall  for  each  offense  be 
liable  to  a  penalty  of  fifty  dollars. 
Rules  for  regu-      4.  The  foUowing  rulcs  are  adopted  for  the  regula- 

lation  and  ,.  ,  .      ^  i'«iii 

management    tion  and  management  ot  vessels  m  said  harbor,  viz  : 

of  vessels. 

I.  All  of  said  harbor  west  of  what  is  called  Hog 
Island  Roads,  shall  be  denominated  the  upper  harbor, 
and  all  vessels  in  said  upper  harbor  shall  be  anchored 
according  to  the  direction  of  the  harbor  master. 

II.  All  vessels    entering    the  upper    harbor,  not 
OM.  Sept.  14,    intended  to  be  conveyed  to  some  wharf  immediately, 

1869.  shall  be  anchored  on  the  south  side  of  a  line  ranging 

with  the  red  buoy  near  the  north-east  end  of  the 
breakwater,  and  the  south-east  end  of  Portland,  Saco 
and  Portsmouth  railroad  wharf,  up  to  abreast  the  end 
of  Brown's  wharf. 

III.  Outward  bound  vessels  shall  be  anchored, 
between  the  first  days  of  the  months  of  May  and 
November,  north  of  a  line  rano-ino:  from  the  end  of 
Atlantic  depot  wharf,  to  Little  Hog  Island;  and 
between  the  first  days  of  the  months   of  November 

Asamendedby  and  May,  north  of  a  line  ranging  from  the  easterly 
!^'^-^^?-^^'    comer  of  the  coal-wharf  of  the  Ocean  Steam  Nav- 

1859,  and  Rev. 

ord.  1868.        igation  Company,  to  the  westerly  corner  of  the  fort 
on  Hog  Island  Ledge. 

IV.  No  vessel,  either  inward  or  outward  bound, 
shall  be  anchored  in  the  channel  of  the  harbor,  or  the 
channel  to  the  Great  Eastern  wharves. 

V.  All  vessels  lying  at  anchor  more  than  seven 
days,  with  their  inward  cargo  on  board,  shall  rig  ia 
their  jib-booms,  and  keep  them  in  while  so  remaining 
at  anchor. 

VI.  No  vessel  shall  be  allowed  to  lay  at  the  end  of 
any  wharf,  or  in  any  dock,  in  such  manner  as  to 
obstruct  the  free  passage  of  other  vessels  coming  in 


HARROR   OF  PORTLAND.  239 

or  going  out,  or  being  hauled  from  one   wharf  to 
another. 

VII.  All  vessels  at  anchor  in  the  harbor,  shall  keep 
a  clear  and  distinct  light  suspended  at  least  six  feet 
above  the  deck,  during  the 'night. 

VIII.  No  vessel  shall,  under  any  circumstances,  be 
anchored  in  the  track  of  the  Ferry  Boat,  or  so  as  to 
obstruct  the  pq^sage  of  steamers  to  and  from  their 
respective  places  of  landing. 

Penalty  for 

5.  If  any  of  the  preceding  rules  shall  be  violated,    violation  of 
the   master   or   owTier   of  the  vessel,  by  means  of  ^^.^^°^ 
which  said  violation  shall  occur,  shall  for  each  offense 

be  subject  to  a  penalty  of  twenty  dollars.  vessels 

6.  If  any  vessel  shall  be  anchored  contrary  to  any    anchored  con-- 

1  M      1   •         1  T  .  1         trary  to  rules. 

of  the  rules  prescribed  m  the  preceding  section,  the   NoHcetobe 
harbor   master   shall    forthwith  give    notice  to  the   ^1^°*^-, 

o  master,  &c., 

master  or  owner   thereof,  to  remove  said  vessel  at   ofVessei. 

once ;  and  if  the  same  is  not  done  without  delay,  or 

in   case  there  is  not  a  sufficient  crew  on  board  for 

that  purpose,  the  harbor    master  shall   cause  such  ^     ,  ^  , 

*^      ^  '  Vessels  to  be 

vessel  to  be  removed  at  the  expense  of  the  owner  or   removed  at 
master  therof.     And   if  the  master   or  owner  shall   IZ!^^1 
neglect  or  refuse  to  pay  said  expense  on  demand 
being  made  therefor  by  the  harbor  master,  he  shall 
be  liable  to  a  penalty  of  double  the  amount  of  such  ^®°*^^^®^* 
expense,  in  addition  to  the  penalty  provided  in  the 
preceding  section. 


HaAvkers  and  Pedlers. 


Statutes.  , 

1.  Pedling  forbidden,  except  bj'^  license,  under  penalty. 

2.  County  commissioners  may  license.     Disabled  soldiers. 

3.  Rates, — non  resident,  wholesale,  retail. 

4.  County  commissioners  to  furnish  blank  licenses  signed  by 

them  to  clerk  of  courts. 

5.  Clerks    to  pay    money    received    for    licenses  to   State 

treasurer. 

6.  License  to  be  exhibited  when  required ;  penalty  for  refus- 

ing. 

7.  Penalties,  how  recoverable. 

8.  Provisions  respecting  carriages. 
• 

1.  No^  person,  except  as    hereinafter    provided,  shall 

travel  from  town  to  town,  or  place  to  place,  in  any  town 

Pedling  for-      ^^  ^j^jg  State,  on  foot,  or  by  any  kind  of  land  or  water 
bidden, except  .      '  ,  ^     .  .  , 

by  license,        Conveyance,  carrying  lor  sale,  or  offering  tor  sale,  any 

under  penalty,  aoods,  wares  or  merchandise,  whole  or  by  sample,  under 
§\ "'  '  "  '  a  penalty  of  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars,  and  the  forfeiture  of  all  property  thus 
unlawfully  carried.  But  this  provision  shall  not  apply 
to  commission  merchants  and  commercial  brokers,  trav- 
Exceptions.  elling  from  place  to  place  in  the  city  or  town  where  they 
reside,  and  selling  or  offering  to  sell  goods  by  sample 
or  otherwise  ;  nor  to  any  citizen  of  this  Stat^^  selling  any 
fish,  fruit,  provisions,  farming  utensils  or  other  articles 
lawfully  raised  or  manufactured  in  this  State. 

1  This  statute  does  not  apply  to  goods  foi-warded  from  without  the  State 
upon  the  order  of  a  purchaser,  though  such  order  was  procm-ed  through  an 
agent  of  the  seller's  who  was  unlawfully  traveling  and  offering  goods  con- 
trary to  this  provision.  Whole  statute  discussed.  Burbank  v.  McDuffee, 
65  Maine,  135.    See  also  Commonwealth  v.  Farnum,  114  Mass.,  267. 

2  Similar  statute  pronounced  constitutional.  Commonwealth  v.  Ober,  12 
Gushing,  493. 


HAWKERS   AND   PEDLERS.  241 

2.  The  county  Commissioners  may  license  for  the  pur-  county  Com- 
pose aforesaid,  any  person  who  proves  to  their  satisfaction    inissioners 

^  '        J  r-  L  jjj^y.  license, 

that  he  sustains  a  good  moral  character,  and  has  been  five   and  whom, 
years  a  citizen  of  the  United  States,  and  such  licenses  and  what  paid, 
shall  expii-e  one  year  from  their  date,  and  shall  not  be 
transferable  ;  and  the  person  receiving  such  license  shall 
pay  therefor  to  the  county  treasurers,  if  he  is  to  sell  or 
offer  to  sell  by  retail,  ten  dollars  ;  if  by  wholesale  twen- 
ty-five dollars ;  and  said  county  treasurers  shall  pay  all 
moneys  received  by  them  for  such  licenses  into  the  treasury  Disabled 
or  the  State  ;  but  soldiers  of  this  State,  disabled  in  the    soldiers, 
recent  war  of  the  rebellion,  shall  have  their  licenses  free. 

3.  Any  person  receiving  a  license  under  the  provisions  Ratesof 

of  section  two,  chai^ter  forty-four  of  the  Revised  Statutes,    ^^^^^^  '«' 

non-resident 

shall,  if  he  is  not  a  resident  of  this  State,  or  if  he  is  sellers;  at 

acting  as  agent,  clerk  or  servant  of  any  person  who  is  retail,  twenty- 

not  a  resident  of  this  State,  or  corporation  not  located  in  at  wholesale, 

this  State,  pay  for  such  license,  if  he  is  to  sell  or  offer  to  fifty  doUars. 
sell  by  retail,  twenty-five  dollars ;  if  by  wholesale,  fifty     '  '  ' 
dollars. 

4.  Said  commissioners  shall  furnish  the  clerk  of  the  court  ^i^Sl^neS  to 
a  sufficient  number  of  blank  licenses,  signed  by  at  least  a  f^eng^^gj^^^ 
majority  of  them,  to  meet  all  calls  therefor ;  and  they  tjl^jj^^ierk 
shall  be  charged  to  him,  and  he  shall  account  therefor  of  courts. 

='  '  He  tx>  account 

once  in  three  months  to  said  commissioners.  for  them  once 

in  three 

5.  All  moneys  paid  for  such  licenses,  shall  be  paid  to    months. 
the   clerk   of  the   court,  and   by  him   paid  to  the  State    §  3. ' 
treasurer  or  deposited  in  the  nearest  bank,  where  State's  ^money*^^*^ 
funds  are  deposited,  or  such  other  place  as  is  agreed  upon    [^enJes^to*^' 
with  the  State  treasurer,  once  in  thi-ee  months,  except  vvifatt^obe^^^' 
fifty  cents  for  each  license,  taking  receipts  therefor.    Such    allowed  clerk 
receipts,  licenses  not  issued,  and  fifty    cents   for  each    ^ycommis- 
license  issued  and  recorded,  shall  be  allowed  to  such  clerk    payment. 
by  said  commissioners  on  payment    for  signed  licenses  ^^^^-  §  *> 
received  by  him. 

6.  Every  person  who  receives  a  license  under  this  act.  Licenses  to  be 
shall  exihbit  it  at  all  times  when  required  by  any  trial    exhibited  to 
justice,  constable  or   other    peace   officer,  and   upon  re-    &c.,  whenre- 
fusal,  he  shall  forfeit  the  sum  of  fifty  dollars  ;  and  the    quired;  and 
carriages,  goods,  wares  and  merchandise  of  such  person,   ^ef^gaL 


242 


HAWKERS   AND  PEDLERS. 


Seizure  and 
sale  of 
carriages, 
goods,  &c., 
may  be  made 
upon  com- 
plaint and 
conviction. 

Ibid.  §  5. 


Penalties  and 
forfeitui-es, 
how  recov- 
erable, and  to 
whose  use 
accruing. 

Arrests  author- 
ized, and 
recognizance 
for  appear- 
ance before 
S.J.  C. 
required. 

Commitment 
in  case  of  de- 
faull^  and 
detention,  for- 
feiture and 
Bale  of  prop- 
erty. 

Ibid.  §  6. 


Provision 
respecting 
carriages. 

Ibid.  §  7. 


which  he  is  then  and  there  employing  u«der  such  license,'  • 
upon  complaint  before  any  justice  of  a  police  or 
municipal  court,  or  any  trial  justice  in  said  county,  may 
be  seized  on  his  warrent,  and  detained  in  the  custody  of 
the  officer  until  payment  of  said  penalty  or  the  discharge 
of  the  accused ;  and  if  he  is  convicted  and  said  property 
is  not  redeemed  within  twenty  days  thereafter,  it  shall 
be  forfeited,  and  sold  as  if  taken  on  execution,  and  the 
net  proceeds  distributed  as  hereinafter  provided. 

7.  Such  penalties  and  forfeitures  may  be  recovered  by 
indictment,  or  by  action  of  debt,  in  the  name  of  the 
prosecutor,  one-half  to  the  use  of  the  town  where  the 
offence  is  committed,  and  the  other  to  his  own  use  ;  and 
any  trial  justice  or  justice  of  police  or  municipal  court,  on 
complaint  for  a  violation  of  this  act,  may  issue  his  warrant 
and  cause  the  arrest  of  the  accused  and  the  seizure  of  the 
property  alleged  to  be  forfeited,  and  if  upon  examination 
he  shall  find  there  is  probable  cause  to  believe  that 
the  person  charged  is  guilty,  he  shall  order  him  to  recog- 
nize with  sufficient  sureties,  to  appear  before  the  next 
supreme  judicial  court  for  said  county,  and  in  default 
thereof  commit  him,  and  order  the  detention  of  said 
property  by  the  officer  in  whose  custody  it  is,  until  trial 
in  said  court,  and  in  cases  of  conviction  said  property 
shall  be  decreed  forfeited  to  the  uses  aforesaid,  and  be 
sold  as  if  taken  on  execution. 

8.  Every  person  licensed  shall  have  painted  on  some 
conspicuous  place  on  every  carriage  employed  by  him,  in 
letters  at  least  one  inch  wide,  his  name  and  the  words, 
LICENSED  BY  C.  C. 


Hay. 


Statutes. 

1.  Pressed  hay  in  bundles  to  be  branded;  unless  branded, 

forfeited. 

2.  Sworn  weigher  shall  not  purchase  more  hay  than  he  needs. 

3.  Penalty  for  taking  pressed    hay  on   board  vessels  not 

branded. 

4.  City  hay  scales. 

Ordinances. 

1.  Weighers  of  hay  to  be  chosen.     Their  duty.     Bonds  to  be 

given.     Compensation. 

2.  Hay  or  straw  not  to  be  sold,  unless  weighed.  # 

3.  Weighing  hay  withont  authority.     Penalty. 

4.  Fees  for  weighing. 

5.  Hay  pressed.  &c.,  need  not  be  weighed, 

Statutes. 

1 .  All  hay  pressed  and  put  np  in  bundles  shall  have  ^^!^^^ 
written,  printed  or  stamped  on  bands  or  boards  made  fast   marked  with 
to  the  same,  the  first  letter  of  the  christian,  and  the  whole    "^me  of  per- 

-    .,  -    , ,  1         ,,.  ,,  1     son  putting  up 

of  the  surname  of  the  person^  puttmg  up  the  same,  and    game. 

with  the  name  of  the  state,  and  the  place  where  such  R.  s.,i87i,c.38, 

, .  .      ,  jx     •         J!  1  §  52,  amended 

person   lives.       And   any   person   offermg   for  sale    or   i,y  igri,  c  •>24. 

shipment,   any   pressed   hay   not   marked   as   aforesaid, 

shall  be  liable  to  a  fine  of  one  doUar  for  each  bale  so 

offered,  to  be  recovered  by  complaint  before  any  court 

of  competent  jurisdiction.  w  i  h  r  f 

2.  No  sworn  weigher  of  hay  shall  purchase  more  hay    bidden  to  deal 
than  is  necessary  for  his  own  use.  j^j^  '' 

3.  If  the  master  of   any  vessel  takes  on  board  pressed  penalty  for 

hav  not  marked  as  aforesaid,  he  shall  forfeit  one  doUar   taking  un- 
marked hay 
for  each  bundle  so  received,  to  be  recovered  as  in  section    on  board 

fifty-two,  chapter  224,  Laws  of  1874.  vessels. 

1  See  Pickard  v.  Bayley,  46  Maine,  200;  Buxton  r.  Hamblen,  32  Maine, 
448 ;  Foye  o.  Southard,  54  Maine,  147.  ..  y^^^^^^^  ^nd 

Measures." 


244  HAY. 

City  may  keep  4.  Any  city  may  purchase  and  keep  for  use  scales  for 
scales  and  weighing  hay  and  other  articles,  appoint  weighers  and  fix 
R. s.  li?!,  c.  43,  their  fees,  to  be  paid  by  purchaser. 

§5. 

Ordinances. 
1.  There  shall  be  chosen  annually,  on  the  second 

Weighers  of  i 

hay  to  be         Monday  of  the  month  of  March,  or  as  soon   there- 

dut^^^  '^^^^^  ^^^^^  ^^  ^^^3^  ^^'  ^y  ^^^^  ^^^y  council,  one  or  more 
weighers  of  hay,  who  shall  have  the  care  and  control 
of  the  city  hay  scales,  and  whose  duty  it  shall  be  to 
weigh  all  hay  and  straw  brought  into  the  city  of  Port- 
land for  sale,  and  such  other  articles  as  may  be  offered 

Bonds  to  he       ^^  ^^  weighed.     They  shall  ^ive  bonds  to  the  city  in 

given.  c)  ./  c  «/ 

such  sum  as  the  mayor  and  aldermen  may  require, 
for  the  faithful  performance  of  their  duty,  and  shall 
conform  to  such  regulations  as  may  from  time  to 
time  be  adopted  by  the  city  council,  and  shall  receive 
Compensation,  'such  Compensation  as  they  shall  deem  just  and  reason- 
^.^I'/f^''^' .-,    able,  to  be  paid  out  of  the  moneys  received  as  fees 

1865,  §  1,  and  _        ^     ^  -^ 

Rev.  ord.  1868.  for  Weighing  hay  and  other  articles. 
Hay  or  straw         2.  No  pcrsou  sliall  Sell  or  offcr  for  sale  any  hay  or 
without  bein"^    straw  without  having  the  same  weighed  by  the  city 
weighed.         wcighcr  of  hay,  and  a  ticket  signed  by  said  weigher 
^"  certifying  the  quantity  each  load,  bale  or  parcel  con- 

tains, on  penalty  of  forfeiting  the  hay  or  straw  so  sold 
or  offered  for  sale  to  the  use  of  the  city ;  or  the  owner 
or  driver  of  such  hay  or  straw  shall  forfeit  and  pay, 
to  the  use  of  the  city,  a  sum  not  less  than  five  dollars 
for  each  load  of  hay  or  straw  sold  or  offered  for  sale 
without  having  complied  with  the  provisions  of  this 
ordinance,  at  the  discretion  of  the  court  before  whom 
such  case  may  be  tried. 

3.  Any  person  not  authorized  as  a  weigher  of  hay 

withouT  ^^    ii^  accordance  with  the  provisions  of  the  first  section 

authority.        Qf  ^j^jg  ordinance,  who  shall  weigh  any  hay  or  straw 

brought  into    this  city  for  sale  or  shall  permit  or 

allow  such  hay  or  straw  to  be  weighed  upon  any 


HAY.  245 

scales  belonging  to  him  or  them,  shall  forfeit  and  pay  Penalty. 
a  sum  not  exceeding  twenty  dollars  to  the  use  of  the  iwa.  §  3. 
city. 

4.  The  weigher  of  hay  shall  be  allowed  to  demand  fees  for 
and  receive  from  any  person  offering  any  hay,  straw, 

or  other  article  to  be  weighed  upon  the  city  hay  scales, 
the  sum  of  thirty  cents  for  each  load  or  other  article 
so  weighed,  which  sum  shall  include  the  weighing  of 
the  cart,  wagon  or  other  vehicle  upon  which  a  load 
has  been  weighed  by  said  weigher. 

5.  The  provisions  of  this  ordinance  shall  not  apply  Hay  pressed 

.1  jii.  -i-in  11  and  in  bundles 

to  hay  pressed  and  put  up  into  bundles  or  bales,  as   need  not  be 
required  by  law,  intended  for  shipment  or  for  sale   weighed, 
without  being  re-weighed  in  this  city. 


Health. 


statutes. 


CONTAGIOUS  DISEASES. 

1.  Precautions  against  infected  persons ;  duty  of  municipal 

officers. 

2.  Precautions  against  persons  arriving  from  infected  places. 

3.  Eestrictious  on  such  persons ;  may  be  removed  if  refrac- 

tory ;  penalty  if  they  return. 

4.  Precautions  authorized  in  border  towns. 

5.  Process  for  removal  or  separate  accommodation  of  infected 

persons. 

6.  7.     Process  for  securing  infected  articles. 

8.  Powers  of  officers  in  executing  such  process. 

9.  Expenses,  how  paid. 

10.  Compensation  for  men  or  property  impressed. 

11.  Adjournment  of  courts  because  of  danger  from  infection. 

12.  Kemoval  of  infected  prisoners  from  places  of  confinement. 

13.  Order  for  removal,  how  returned.     Such  a  removal  not  an 

escape. 

14.  Health  committee,  how  chosen ;  their  duties. 

15.  If  no  committee  chosen,  selectmen  to  perform  the  duties. 

16.  May  order  removal   of   private    nuisances;    proceedings 

thereon. 

17.  Masters,  &c. ,  of  vessels  may  be  examined  on  oath  in  certain 

cases. 

18.  Vessels  with  infected  persons  to  anchor  at  a  distance  from 
^  towns. 

19.  Penalty  for  violation  of  this  provision. 

20.  Selectmen  may  establish  quarantine  regulations.     Penalty 

for  breach  thereof. 

21.  Duty  of  pilots  to  give  notice  thereof. 

22.  Punishment  for  violation  or  evasion  of  quarantine,  after 

notice. 

23.  Selectmen  to  furnish  signals,  to  be  kept  hoisted  by  master. 

Restriction  of  persons  visiting  vessels  at  quarantine. 

24.  Health  committee   may  exercise   authority  of  selectmen 

relating  to  quarantine. 

25.  Quarantine  expenses,  how  paid. 

26.  Hospitals  may  be  established.     Restrictions  as  to  location 

thereof. 


HEALTH.  •  247 

27.  Restrictions  on  inoculation  with  the  small  pox. 

28.  Physicians  and  others  liable  to  hospital  regulations. 

29.  Hospitals  to  be  provided  on  breaking  out  of  infectious 

diseases;  regulations. 

30.  Precautions  to  prevent  the  spread  of  such  diseases. 

31.  Penalty  for  violation  of  hospital  regulations  by  persons 

subject  thereto. 

32.  Householders  and  physicians  to  give  notice  of  infectious 

diseases  under  their  care. 

33.  Forfeitures,  how  recovered  and  appropriated. 

34.  Towns  may  choose  a  board  of  health ;  their  powers  and 

duties. 

35.  Vaccination,  free. 

36.  By-laws  may  be  established. 

UNWHOLESOME  PRO^HESIONS  AND   DRINTCS. 

37.  Selling  unwholesome  provisions  and  drinks,  &c, 

38.  Adulterated  sugar  and  molasses  not  to  be  sold. 

39.  Vinegar,  manufacturing  and  selling  impure. 

40.  Lead-poison  vinegar,  penalty  for  selling. 

41.  Vinegar,  inspectors  of. 

42.  Fresh  meat  and  fish,  sale  of,  regulated.    Penalties. 

CONTAGIOUS  DISEASES  AMONG  CATTLE. 

43.  Infected  cattle  to  be  isolated.      Maintenance.     Owners 

must  isolate  them,  when. 

44.  Animals  to  be  examined.     May  be  killed,  when. 

45.  Cattle  killed  to  be  appraised. 

46.  Further  powers  to  city  officers. 

47.  Passage  of  animals,  how  regulated. 

48.  Regulations  to  be  recorded  and  published. 
4^.  Sale  of  infected  animals  prohibited.     Penalty. 

60.     Disobedience  of  orders  of  mayor,  &c.,  how  punished. 

51.  Knowledge,  &c.,  of  disease  to  be  reported.      Failure,  how 

punished. 

52.  Neglect,  &c.,  of  officers,  penalty  for. 

53.  Appraisals,  how  made;  to  whom  certified. 

54.  Further  powers  of  cities.    Amount  of  appraisal,  how  paid. 

Owner  dissatisfied,  his  remedy.    Amount  to  be  reim- 
bursed. 

55.  Notice  to  governor,  &c. 

56.  Commissioners  may  be  appointed ;  powers  of,  &c. 

67.     Regulations  by  comissionei:s  to  supersede  others.     Muni- 
cipal authorities  to  enforce  directions  of  commissioners. 
58.     Glanders. 
69.    Medical  act.    Disposition  of  dead  bodies. 

15 


248  *  HEALTH. 

60.  Man's  consent  to  anatomical  use  of  his  body. 

61.  Medical  school  has  body  under  some  cii'cumstances. 

62.  Notice  to  municipal  officers. 

63.  Duty  of  medical  school. 

64.  Claim  of  family  or  next  of  kin. 

65.  Penalty  for  violation  of  this  act. 

Ordinances. 

1.  Mayor  and  aldermen  constitute  board  of  health. 

2.  City  marshal  to  execute  health  laws. 

3.  City  and  consulting  physicians. 

4.  Duty  of  city  physicians. 

5.  "     ''    consulting  physicians. 

6.  No  filth  to  be  thrown  in  streets. 

7.  Penalty. 

8.  "Who  may  remove  filth. 

9.  Neglect  to  remove  nuisances  after  notice. 

10.  Penalty. 

11.  Vaults,  &c.,  restriction  upon  erection.     Proviso. 

12.  Fresh  fish,  wher«  sold. 

13.  Same  subject. 

14.  Ofiensive  substances  not  to  be  thrown  into  wells. 

15.  Unwholesome  provisions  not  to  be  sold. 

16.  Kegulations  respecting  hog-sties.     Penalty. 

17.  House  ofial. 

18.  City  cart  to  collect  oflfal. 

19.  Mayor  and  aldermen  to  appoint  person  to  have  charge  of 

cart. 

20.  Oflkl  to  be  delivered  to  person  appointed.    Penalty. 

21.  No  other  person  to  collect  offal.     Penalty. 

22.  Vaults,  &c.,  in  unhealthy  condition  to  be  cleansed. 

23.  Persons  in  tenements,  where  too  numerous,  or  unprovided 

with  vaults,  may  be  removed.     Penalty. 

24.  Hides  or  leather  not  to  be  exposed  in  streets.     Penalty. 

25.  Harbor  master  and  city  physician,  duty  of,   in  relation  to 

quarantining  vessels. 

26.  Privy  vaults,  emptying. 

27.  "  "    persons  licensed  to  clean. 

28.  "  "     Bond. 
.    29.         **            "     Cart. 

80.         •'  "    Permit. 

31.  "  "    time  of  empyting. 

32.  "  "     Penalty. 

33.  "  "    Repeal  by  former  ordinances. 

INTERMENT   OF   THE  DEAD. 

34.  Superintendent  of  burials.    Authority.     Subject  to  regu- 

lations of  mayor  and  aldermen. 


HEALTH.  249 

35.  Superintendent  to  be  chosen  annually.    To  give  bonds 

and  be  sworn. 

36.  His  duties. 

37.  Superintendent  to  have  care  of  funeral  cars. 

38.  Undertakei-s  to  be  appointed  and  licensed.    May  employ 

porters.     May  be  removed.   Penalty  for  acting  as  under- 
takers without  license. 

39.  No  interment  to  be  made  without  license.     What  time 

interments  may  be  made. 

40.  Undertaker's  fees. 

41.  Depth  of  graves. 

42.  No  body  of  deceased  persons  to  be  removed  out  of  city 

for  interment  without  permission.     Superintendent  to 
attend  to  removal. 

43.  Undertakers  to  make  returns. 

44.  Bodies  not  to  be  removed  from  graves  without  permit. 

45.  '*        when  to  be  removed  from  city  tomb. 

46.  Superintendent  to  remove  bodies. 

47.  Bodies  not  to  be  interred  in  city  cemeteries,  except,  &c. 

48.  Mayor  and  aldermen  may  close  tombs. 

49.  "  "        may    make  regulations    respecting 
interments. 

50.  Hack  drivers  forbidden  to  transport  bodies. 

51.  Penalties. 

Statutes. 

CONTAGIOUS    DISEASES. 

1.  When  any  person  is,  or  has  recently  been  infected  Precautiona 
with   any  disease  or  sickness  dangerous  to  the  public    f^'^^^ted 
health,  the    municipal    officers   of   the  town  where   he    persons. 

is,  shall  provide  for  the  safety  of  the  inhabitants,  as  R- S- isri,  c.  14^ 
they  think  best,  by  removing  him^  to  a  separate  house,  if 
it  can  be  done  without  great  danger  to  his  health,  and  by 
providing  nurses  and  other  assistants  and  necessaries,  at 
his  charge  or  that  of  his  parent  or  master,  if  able,  other- 
wise that  of  the  town  to  which  he  belongs. 

2.  When   any   infectious   or    malignant  distemper   is  Precautions 
known    to   exist   in   any   place   out   of    the   State,   the    go^s^^^^ng: 
municipal  officers  of   any  town  in  the  State,  by.  giving   from  infected 
public  notice  therein,  as  they  find  convenient,  may  re-  ij!^*^5^2 
quire  any  person  coming  from  such  place  to  inform  one 

1  Such  expenses  must  be  borne  by  town.    Kennebunk  r.  Alfred,  19  Maine, 
221 ;  Orono  r.  Peavey,  66  Maine,  60.    See  also  Haverly  v.  Bass,  66  Maine,  71. 


250 


HEALTH. 


Restrictions  on 
such  persons; 
may  be 
removed  if 
refractory. 


Penalty  if  they 
return. 
Ibid. §  3. 

Precautions 
authorized  in 
border  towns. 

llbid.  §  4. 


Process  for 
removal  or 
separate 
accommoda- 
tion of 
infected 
persons. 

Jbid.  §  5. 


of  them  or  the  town  clerk  of  their  arrival  and  from  what 
place ;  and  if  he  does  not,  within  two  hours  after  his 
arrival,  or  after  actual  notice  of  such  requirement,  give 
such  information,  he  shall  forfeit  one  hundred  dollars  to 
the  use  of  the  town. 

3.  Said  officers  may  prohibit  a  person,  required  to  give 
such  information,  from  going  to  any  part  of  their  town 
where  they  think  his  presence  would  be  unsafe  for  the 
inhabitants  ;  and  if  he  does  not  comply,  they  may  order 
him,  unless  disabled  by  sickness,  forthwith  to  leave  the 
State  in  the  manner  and  by  the  road  they  direct ;  and  if 
he  neglects  or  refuses  so  to  do,  any  justice  of  the  peace 
.in  the  county,  on  complaint  of  either  of  said  officers, 
may  issue  his  warrant  to  any  proper  officer  or  other 
person  named  therein,  and  cause  him  to  be  removed  out 
of  the  State ;  and  if  during  the  prevalence  of  such  dis- 
temper, in  the  place  where  he  resides,  he  returns  to  any 
town  in  this  State  without  the  license  of  the  municipal 
officers  thereof,  he  shall  forfeit  not  exceeding  four  hun- 
dred dollars. 

4.  The  municipal  officers  of  any  town  near  to  or 
adjoining  the  line  of  the  State,  may  appoint  by  writing 
under  their  hands,  suitable  persons  to  attend  at  any 
places  by  which  travelers  may  pass  into  such  town  from 
infected  places  in  other  States  or  Provinces,  who  may 
examine  such  passengers,  as  they  suspect  of  bringing 
with  them  any  infection  dangerous  to  the  public  health, 
and  if  need  be,  may  restrain  them  from  travelling  until 
licensed  thereto  by  a  justice  of  the  peace  in  the  county, 
or  one  of  said  officers ;  and  any  such  passenger  who 
without  such  license  travels  in  this  State,  except  to 
return  by  the  most  direct  way  to  the  State  or  Province 
whence  he  came,  after  he  has  been  cautioned  to  depart 
by  the  persons  so  appointed,  shall  forfeit  not  exceeding 
one  hundred  dollars. 

5.  Any  two  justices  of  the  peace  may  issue  a  warrant, 
directed  to  a  proper  officer,  requiring  him  to  remove  any 
person  infected  with  contagious  sickness,  under  the 
direction  of  the  municipal  officers  of  the  town  where 
he   is ;    or  to  impress  and  take  np  convenient  houses, 


HEALTH.  251 

lodgings,  nurses,  attendants,  and  other  necessaries  for 
the  accommodation,  safety  and  relief  of  the  sick. 

6.  When,  on  the  application  of  the  municii>al  officers  process  for 
of  a  town,  it  appears  to  any  justice  of  the  peace  that    securing  in- 
there  is  just  cause  to  suspect  that  any  baggage,  clothmg  j^^^j  ^  g 

or  goods  of  any  kind  within  such  town,  are  infected  with 
any  malignant  contagious  distemper,  by  a  warrant  directed 
to  a  proper  officer,  he  shall  require  him  to  impress  so 
many  men,  as  the  justice  thinks  necessary,  to  secure  such 
infected  articles,  and  to  post  said  men  as  a  guard  over 
the  house  or  place  where  the  articles  are  lodged,  who 
shall  prevent  any  person's  removing  or  coming  near  such 
articles,  until  due  inquiry  is  made  into  the  circumstances 
thereof. 

7.  He  may  by  the  same  warrant,  if  it  appears  to  him  ^     . 

-J     ''  T  vr  Justice  may  by- 

necessary,   require  said  officers,  under  the  direction  of    warrant  re- 

the  municipal  officers,  to  impress  and  take  up  convenient   ^^'^  officers 

.  -i-i-ito  cause  them 

houses  or  stores  for  the  safe  keeping  of  such  infected   to  be  removed 

articles,  and  cause  them  to  be  removed  thereto,  or  other-    to  suitable 

wise  detained,  until  the  municipal  officers  think  they  are  „ . ,     ' 
'  ^  ^  Ibid.  §  7. 

free  from  infection. 

8.  Said   officers,   if    need   be,  may   break   open    any  powers  of 

house,  shop,   or  other  place  mentioned  in  the  iv^arrant   officers  in 
,.„,.,  ,  .  !•!  •       executing 

where  infected  articles  are,  and  require  such  aid  as  is    guch  process. 

necessary  to  execute  it ;  and  all  persons  at  the  command  lud.  §  8. 
of  either  of  said  officers,  under  a  penalty  of  not  exceed- 
ing ten  dollars,  shall  assist  in  such  execution. 

9.  The  charges  of  securing  such  infected  articles  and  Expenses,  how 
of  transporting  and  purifying  them  shall  be  paid,  by  the   p^*^- 
owners  thereof,  at  the  price  determined  by  the  municipal 

officers. 

10.  "When  the  officer  impresses  or  takes  up  any  houses,  compensation 
stores,  lodging,  or  other  necessaries,  or  impresses  any    for  men  or 
man,  as  herein  provided,  the  parties  interested  shall  have    impressed. 

a   just  compensation  therefor,  to  be  paid  by  the  town  in  ibid.  §  lo. 
which  such  persons  or  property  were  impressed. 

11.  When  a  malignant  infectious  distemper  prevails  in  Adjournment 

^  ^   ^  ^        *■  of  courts 

any  town  wherein  the  supreme  judicial  court  or  court  of   because  of 
county  commissioners  is  to  be  held,  said  courts  may  be   ^^^^^^""^ 
adjourned  and  held  in  any  town  in  said  county,  by  pro-  iwd.  §  ii. 


252 


HEALTH. 


Removal  of 
infected  pris- 
oners from 
places  of  con- 
finement. 

Ibid.  §  12. 


Order  for  re- 
moval, ho"W 
returned. 

Such  removal  - 
not  an  escape. 

Ibid.  §  13. 


Health  com- 
mittee, how 
chosen;  their 
duties. 

Ibid.  §  14. 


If  no  committee 
chosen, muni- 
cipal officers 
to  perform 
the  duties. 

Ibid.  §  15. 

May  order 
removal  of 
private 
nuisances; 
proceedings 
thereon. 

Ibid.  §  16. 


clamation  made  in  such  public  manner  as  the  courts  judge 
best,  as  near  their  usual  place  of  meeting  as  they  think 
safety  permits. 

12.  When  any  person  in  a  jail,  house  of  correction,  or 
workhouse,  is  attacked  with  any  disease,  which  the  muni- 
cipal officers  of  his  towu,  by  medical  advice,  consider 
dangerous  to  the  safety  and  health  of  other  prisoners,  or 
of  the  inhabitants  of  the  town,  they  shall,  by  their  order 
in  writing,  direct  his  removal  to  some  place  of  safety, 
there  to  be  securely  kept  and  provided  for  until  their 
further  order ;  and  if  he  recovers  from  such  disease,  he 
shall  be  returned  to  his  place  of  confinement. 

13.  If  he  was  committed  by  order  of  a  court  or  under 
a  judicial  process,  the  order  for  his  removal,  or  a  copy 
thereof  attested  by  the  municipal  officers,  shall  be  returned 
by  them  with  the  doings  thereon  into  the  office  of  the 
clerk  of  the  court  from  which  such  order  or  process  was 
issued.     No   such  removal   shall  be  deemed  an  escape. 

14.  A  town  at  his  annual  meeting,  may  choose  a  health 
committee  of  not  less  than  three  nor  more  than  nine,  or 
one  person  to  be  a  health  officer ;  who  shall  remove,  at 
the  expense  of  their  town,  all  filth  found  in  any  place^ 
therein,  which,  in  their  judgment,  endangers  the  lives  or 
health  of  any  inhabitant ;  and  require  the  owner  or  occu- 
pant, when  they  think  necessary,  to  remove  or  discontinue 
any  drain  or  other  source  of  filth. 

15.  If  any  town,  at  its  annual  meeting,  omits  to  choose 
such  committee  or  officer,  the  municipal  officer  shall  be  a 
health  committee,  and  have  all  their  powers  and  perform 
all  their  duties. ^ 

16.  When  any  source  of  filth,  or  other  cause  of  sick- 
ness, is  found  on  private  property,  the  owner  or  occupant 
thereof  shall,  within  twenty-four  hours  after  notice  from 
the  said  committee  or  officer,  at  his  own  expense,  remove 
or    discontiue    it ;    and  if  he   neglects    or  unreasonably 

*  In  order  to  amount  to  a  nuisance  it  is  not  niecessaiy  that  there  shoiild  be 
actual  corruption  ot  the  atmosphere.  11  is  enough  M  effluvia  is  ofleucive, 
and  renders  habitations  uncomfortable.    Wesson  v.  Iron  Co.,  13  Allen,  95. 

*  Full  discussion  of  what  makes  a  nuisance  and  of  power  of  town  author- 
ities, in  Baker  v.  Boston,  12  Pick.,  1S4;  Xorcross  v.  Thomas,  51  Maine,  503; 
Swett  V.  Sprague,  55  Maine,  190;  Wightman  v.  Bristol,  65  Maine,  426. 


"  HEALTH.  253 

delays  to  do  so,  he  shall  forfeit  not  exceeding  one  hundred 
dollars ;  and  said  committee  or  officer  shall  cause  said 
nuisance  to  be  removed  or  discontinued  ;  and  all  expenses 
thereof  shall  be  repaid  to  the  town  by  such  owner  or  occu- 
pant, or  by  the  person  who  caused  or  permitted  it. 

17.  If  a  master,  seaman,  or  passenger  of  a  vessel,  in  Masters,  &c., 
which  there  is  any  infection,  or  has  lately  been,  or  is  sus-    of  vessels  may 
pected  to  have  been,  or  which  has  come  from  a  port  where    ^^  ^^^  ^^ 
any  infectious  distemper  prevails,  dangerous  to  the  public    certain  cases, 
health,  refuses  to  answer,  on  oath,  such  questions  as  are  ibid.  §  n. 
asked  him  relating  to  such  infection  or  distemper,  by  the 
municipal  officers  of  the  town  to  which  such  vessel  comes, 

which  oath  either  of  said  officers  may  administer,  he  shall 
forfeit  not  exceeding  two  hundred  dollars,  or  be  imprisoned 
not  more  than  six  months. 

18.  When  a  vessel   arrives  at  a  port   in   this  State^  vessels  with 
having  on  board  any  person  infected  with  a  malignant    gonTto  anchor 
disease,  the  master,   commander,  or  pilot  thereof  shall    at  a  distance 
anchor  it  at  some  convenient  place  below  the  town  of  such    ^^™  towns, 
port,  at  a  distance  safe  for  the  inhabitants  thereof  and  the 

persons  on  board  other  vessels  in  the  port ;  and  no  person 
or  thing  on  board  shall  be  brought  on  shore,  until  the 
municipal  officers  give  their  written  permit  therefor. 

19.  For  the  wilful  violation   of  the  provisions  of  the      ^aitrf  r 
preceding  section,  such  master  or  commander  shall  forfeit    violation  of 
not  exceeding  two  hundred,  and  the  pilot  not  exceeding    tiiis  provision, 
fifty  dollars  for  each  offense.  .  ^^^'  ^  ^^' 

20.  The  municipal   officers    of   a  seaport  towu   may  selectmen  may 
cause  any  vessel  arriving  there  to  perfonn   quarantine  at    estabUsh 
such  place  and  under  such  regulations  as  they  may  judge    regulations, 
expedient,  when  they  think  the  safety  of  the  inhabitants 

requires  it ;  and  whoever  neglects  or  refuses  to  obey  such    ^^^^ 
orders  and   regulations,  shall  forfeit  not  exceeding  five    thereof, 
hundred   dollars,  or  be   imprisoned   not  exceeding   six  ibid.520. 
months. 

21.  When  such   officers   of  a   seaport    town  think   it  Duty  of  pilots 
necessary  to  order  all  vessels,  arriving  there  from  any    to  give  notice 
particular  port  or  ports,  to  perform  quarantine,  they  shall  i^ia.  521. 
give  notice  thereof  to  the  pilots  of  their  port ;  who  shall 

make  it  known  to  the  master  of  all  vessels  which   they 


254 


HEALTH. 


Punishment 
for  violation 
or  evasion  of 
quai-antine 
after  notice. 

Ibid.  §  22. 


Municipal 
officers  to  fur- 
nish signals. 


Restrictions  of 
persons  visit- 
ing vessels  at 
qurantine. 

Jbid.  §  23. 


Health  com- 
mittee may 
exercise 
authority  of 
selectmen, 
relating  to 
quarantine. 

Ibid.  §  24. 

Quarantine 

expenses,  how 

paid. 
Ibid.  §  25. 


Hospitals  may 
be  established. 


Restrictions  as 
to  location. 
Ibid.  §  26. 


board.  If  any  pilot  neglects  to  do  so,  or  contrary  thereto 
pilots  any  vessel  up  to  said  seaport  town,  he  shall  forfeit 
not  exceeding  one  hundred  dollars. 

22.  When  the  master  or  commander  of  a  vessel  takes 
it  up  to  any  seaport  town,  after  notice  that  a  quarantine 
has  been  so  directed  for  all  vessels  coming  from  the  port 
or  place  whence  his  vessel  sailed,  or  by  false  declarations, 
or  otherwise,  fraudulently  attempts  to  elude  such  direc- 
tions ;  or  lands  or  suffers  to  be  landed  from  his  vessel  any 
person  or  thing,  without  permission  of  the  municipal 
officers,  he  shall  be  punished  as  provided  in  section 
twenty. 

23.  The  municipal  officers  of  every  seaport  town  requir- 
ing vessels  to  perform  quarantine  shall  provide,  at  the 
expense  of  such  town,  a  suitable  number  of  red  flags  at 
least  three  j^ards  in  length ;  and  the  master  of  every 
vessel  ordered  to  perform  quarantine  shall  cause  one  of 
them  to  be  continually  kept,  during  the  term  thereof,  at 
the  head  of  the  mainmast  of  his  vessel ;  and  no  person 
shall  go  on  board  such  vessel  during  said  term  unless  by 
permission  of  said  officers ;  if  he  does,  he  shall  be  there- 
after held  liable  to  the  same  regulations  and  restrictions 
as  those  belonging  to  said  vessel ;  and  shall  there  be 
detained  by  force,  if  necessary,  until  duly  discharged  by 
said  officers. 

24.  In  every  seaport  town  where  there  is  a  health  com- 
mittee or  officer,  he  may  perform  all  the  duties  and  exercise 
all  the  authority  of  the  municipal  officers  in  requiring 
vessels  to  perform  quarantine. 

25.  All  expenses  incurred  on  account  of  any  person, 
vessel,  or  goods,  under  quarantine  regulations,  shall  be 
paid  by  him,  or  the  owner  of  the  vessel,  or  goods,  as  the 
case  may  be. 

26.  A  town  may  establish  therein  one  or  more  hospitals 
for  the  reception  of  persons  having  the  small  pox  or  other 
disease  dangerous  to  the  public  health ;  or  its  municipal 
officers  may  license  any  building  therein  as  a  hospital,  to 
be  under  the  control  of  said  officers  ;  but  no  such  hospital 
shall  be  within  one  hundred  rods  of  an  inhabited  dwelling 
house  in  an  adjoining  town  without  the  consent  of  its 
municipal  officers. 


HEALT.H.  255 

27.  If  any  person  inoculates  himself  or  any  other  per-  Restrictions  on 
son,  or  suffers  himself  to  be  inoculated  with  the  small  pox,    inoculation 
unless  at  some  lawful  hospital,  he  shall  forfeit  not  exceed-   pox. 

ing  one  hundred  dollars  for  each  offense.  ibid.  §  27. 

28.  When  a  hospital  is  so  established  or  licensed,  the  Physicians  and 
physician,   the  persons    inoculated  or  sick  therein,    the   others  liable  to 

hospital  regu- 

nurses,  attendants,  and  all  persons  who  come  within   its   laUons. 
limits,  and  all  furniture  or  other  articles  used  or  brought  ii>id.  §28. 
there,   shall  be  subject  to  the  regulations  made  by  the 
municipal  oflScers. 

29.  When!  the  small  pox  or  any  other  disease  danger-  Hospitals  to  be 
ous  to  the  public  health  breaks  out  in  a  town,  the  municipal   breaking  out 
oflScers  shall  immediately  provide  such  hospital  or  place   of  infectious 
of  reception  for  the  sick  and  infected,  as  they  judge  best   ^^^ong 
for  the  accommodation  and  safety  of  the  inhabitants  ;  and  ibid.  §  29. 
such  hospitals  and  places  shall  be  subject  to  their  regula- 
tions  the  same  as  established  hospitals ;  and  they  shall 

cause  such  sick  and  infected  to  be  removed  thereto,  unless 
their  condition  will  not  admit  of  it  without  immediate 
danger  ;  in  that  case,  the  house  or  place  where  the  sick  is, 
shall  be  deemed  a  hospital  for  every  purpose  aforesaid ; 
and  all  persons  residing  in  or  in  any  way  concerned  with 
it  shall  be  subject  to  hospital  regulations. 

30.  When  any  disease  dangerous  to  the  public  health  precautions  to 

exists  in  a  town,  the  municipal  oflScers  shall  use  all  possi-    present  the 

.  \  ^  spread  of  such 

ble  care  to  prevent  its  spread  and  to  give  public  notice  of    diseases. 

infected   places  to  travelers,   by  displaying  red  flags  at  ibid.  §30. 

proper  distances,  and  by  all  other  means  most  effectual, 

in  their  judgment,  for  the  common  safety. 

31.  If  any  physician  or  other  person  in  such  hospitals  penalty  for 

or  places  of  reception,  attending,  approaching,  or  con-    violation  of 

cemed  therewith,  violates  any  lawful  regulation  in  relation   uiauons  by 

thereto,  with  respect  to  himself  or  his  or  another's  property,    persons  sub- 
1.       .     .1  ^     *  ...  1  .,         .  .1  i_  ject  thereto, 

he  shall  forfeit  not  less  than  ten,  nor  more  than  one  hun-  j^.^  ^gj 

dred  dollars  for  each  offense. 

32.  When  a  householder  or  physician  knows  that  a  Householders 

person  under  his  care  is  taken  sick  of  any  such  disease,   J^i^^^^o^*^^ 

he  shall  immediately  give  notice  thereof  to  the  municipal  of  infectious 

diseases  under 

1  For  duty  of  physician  and  town  authorities,  see  Seavey  v.  Preble,  64    ^^^^  ^^' 
Maine,  120.  Ibid.  §  32. 


256  HEALTH. 

officers  of    the  town  where  such  person  is  ;  and  if  he 
neglects  it  he  shall  forfeit  not  less  than  ten,  nor  more 
than  thirty  dollars. 
Forfeiture,  33.  All  forfeitures  mentioned  in  the  preceding  sections, 

howrecovered  except  otherwise  provided,  shall  inure  to  the  use  of  the 

and  appro-       ^         where  the  offense  is  committed. 

priateu. 
Ibid.  §33.  BOARD    OF   HEALTH. 

34.  A  town  may  choose  a  board  of  health  of  not  less 
'ciwose^*^       than  three  nor  more  than  nine  persons,  who  shall  have 

board  all  the  powers,  and  be  subject  to  all  the  duties,  restric- 

of  health;        tions,  liabilities,  and  penalties  of    the  municipal  officers, 
T^«^  e  „.  and  health  committee  or  officer. 

Ibid.  §  34. 

35.  The  mayor  and  aldermen  of    any  city,  and   the 

tion.  selectmen  of  any  town  or  planta,tion,  shall  annually,  on 

1873,  c.  149.        the  first  of  March,  in  each  year,  or  oftener  as  they  may 

deem  prudent,  provide  for  the  free  vaccination  with  the 

cow  pox,  of  all  the  inhabitants  over  two  years  of  age, 

within  their  respective  localities,  the  same  to  be   done 

under   the    care    of    skilled   practising   physicians,    and 

under   such   circumstances  and  restrictions  as  the  said 

authorities  may   adopt  for  the  effectual  vaccination  of 

said  inhabitants. 

By-laws  mav         ^^'  Towns  may  establish  by-laws  for  the  prese^ation 

be estabUshed.  of  health,  and  for  protection  against  infectious  diseases. 

R.  S.,  1871,  c. 
14^  §36,  UNWHOLESOME    PROVISIONS    AND    DRINKS. 

37.  Whoever  sells  any  diseased,  corrupted,  or  un- 
wholesome wholesome  provision  for  food  or  drink,  knowing  it  to  be 
provisions  such,  without  informing  the  buyer  ;  or  fraudulently  adul- 
anddrmks.  terates,  for  the  purpose  of  sale,  any  substance  intended 
selling  veal  of  for  food,  or  any  wine,  spirits  or  other  liquors  intended 

a  calf  less       f^j.  (j^iuk   qq  ^s  to  render  them   iniurious  to  health,  shall 

than  four  ... 

weeks  old.       be  punished  by  imprisonment  not  more  than  five  years, 

R.  s.,  1871,         or  by  a  fine  not  exceeding  one  thousand  dollars  ;    and 

c.  128  5  1. 

whoever  knowingly  sells  or  offers  for  sale  as  food  any 
veal  killed  before  the  calf  was  four  weeks  old,  with- 
out informing  the  buyer,  shall  be  punished  by  a  fine 
of  not  more  than  twenty  dollars,  or  by  imprisonment  not 
more  than  thirty  days. 

38.  No  person  shall  knowingly,  or  wilfully  or  malicious- 
ly sell  or  offer,  or  expose  for  sale,  within  this  state,  any 


HEALTH.  257 

sugar,  refined  or  not,  or  any  molasses,  which  has  been 
adulterated   with   salts  of    tin,  terra  alba,  glucose,  dex-  Adulterated 

.  ^  sugar  and 

trine,  starch   sugar,  or   other  preparations  from  starch,    molasses  not 
No  person  shall  adulterate  any  sugar  or  molasses  within    ^  ^^  sold, 
this  state.      Any   person   guilty  of    violations  of   these  Punishment, 
provisions  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  more  than  one 
year. 

39.  Whoever    manufactures    for    sale,    or  knowingly  Manufacturing 
offers  or   exposes  for  sale,  or  knowingly  causes  to  be    or  selling  im- 
branded  or  marked   as  cider  vinegar,  any  vinegar  not  i^^.g^g^!'' 
the   legitimate  product  of    pure  apple  juice,  known  as 

apple  cider,  and  not  made  exclusively  of  said  apple 
cider,  but  into  which  any  foreign  substances,  ingredients, 
drugs  or  acids  have  been  introduced,  as  shall  appear  by 
proper  tests,  shall,  for  each  such  offense,  be  punished  by 
a  fine  of  not  less  than  fifty  nor  more  than  one  hundred 
dollars. 

40.  Whoever  manufactures    for    sale,    or    knowingly  Poison  vinegar, 
offers    or   exposes   for    sale,   any  vinegar  found  upon  ibid.  §2. 
proper  tests,  to  contain  any  preparation  of  lead,  copper, 
sulphuric  acid,  or  other  ingredient  injurious  to  health, 

shall,  for  each  such  offense,  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars. 

41.  The  mayor  and  aldermen  of  cities  shall,  and  the  inspectors  of 
selectmen  of  towns  may,  annually  appoint  one  or  more    ^^^®&^^- 
persons  to  be  inspectors  of  vinegar,  for  their  respective  ^^^'  ^  ^' 
places,  who  shall,  before  entering  upon  their  duties,  be 

sworn  to  the  faithful  discharge  of  the  same. 

SALE   OF  MEATS  AND   FISH.  Fresh  meat  and 

42.  Any  city  may  establish  localities  for,  and  regulate    power  to 
the  sale  of  fresh  meat  and  fish,  therein,  and  fix  penalties    regulate  sale 
for  breach  thereof.  ^  g^  ig^i^  p  3, 

CONTAGIOUS    DISEASES    AMONG   CATTLE.  J  ^\^ 

Penalties. 

43.  The   njunicipal   oflScers   of    cities  in  case  of    the 
existence  in  this  State  of  the  disease  called  lung  murrain  Cattle  infected 
or  pleuro   pneumonia,   or   any  other  contagious   disease    jifge^se  to  be 
among  cattle,  shall  cause  the  cattle  in  their  respective    isolated, 
cities  which  are  infected,  or  which  have  been  exposed  to  RS^'i^-i'^"' 


258 


HEALTH. 


Maintenance. 


Owners  may 
be  directed  to 
isolate  in- 
fected cattle. 


Animals  to  be 
examined. 
Ibid.  §  38. 


Infected  cattle 
may  be  killed 
if  necessary. 


Cattle  killed  to 
be  appraised. 
Ibid.  §  39. 


Further 

powers  to  city 

officers. 
Ibid.  §  40. 


Passage  of 
animals,  how 
regulated. 

Ibid.  §  41. 


Regulations  to 
be  recorded 
and  published. 

Ibid.  §  42. 

Sale  of  infected 
animals  pro- 
hibited. 


infection,  to  be  secured  or  collected  in  some  suitcable 
place  or  places,  within  such  city,  and  kept  isolated  ;  and 
when  taken  from  the  possession  of  their  owners,  one-fifth 
is  to  be  paid  by  the  city  wherein  the  animal  is  kept,  and 
four-fifths  at  the  expense  of  the  State  ;  such  isolation  to 
continue  so  long  as  the  existence  of  such  disease  or 
other  circumstances  render  it  necessary,  or  they  may, 
direct  the  owners  thereof  to.  isolate  such  cattle  upon  their 
own  premises,  and  any  damage  or  loss  sustained  thereby 
shall  be  paid  as  aforesaid. 

44.  The  municipal  officers  shall,  within  twenty-four 
hours  after  they  have  notice  of  the  existence  of  such 
disease,  or  have  reason  to  believe  it  exists,  cause  the 
suspected  animals  to  be  examined  by  a  veterinary  surgeon 
or  physician,  by  them  selected,  and  if  they  be  adjudged 
to  be  diseased,  they  may  at  their  discretion,  order  them 
to  be  forthwith  killed  and  buried  at  the  expense  of  such 
town. 

45.  The  mayor  and  aldermen  shall  cause  all  cattle 
which  they  shall  so  order,  to  be  killed,  to  be  appraised 
by  three  competent  and  disinterested  men,  under  oath,  at 
the  value  thereof  at  the  time  of  appraisal  and  the  amount 
of  the  appraisal  shall  be  paid  as  above  provided. 

46.  They  may  prohibit  the  departure  of  cattle  from 
any  enclosure,  and  exclude  cattle  therefrom. 

47.  They  may  make  regulations  in  writing  to  regulate 
or  prohibit  the  passage  from,  to  or  through  their  respec- 
tive cities  or  from  place  to  place  therein,  of  any  neat 
cattle,  and  may  arrest  and  detain,  at  the  cost  of  the 
owners  thereof,  all  cattle  found  passing  in  violation  of 
such  regulations,  and  may  take  all  other  necessary  meas- 
ures for  the  enforcement  of  such  prohibition,  and  for 
preventing  the  spread  of  any  such  disease  among  the 
cattle  in  the  towns  and  cities,  and  the  immediate  vicinity 
thereof. 

48.  Such  regulations  shall  be  recorded  in  the  records 
of  their  towns,  and  shall  be  published  in  these  towns  in 
such  manner  as  such  regulations  provide. 

49.  Any  person  who  sells  or  disposes  of  any  animal 
which  is  infected  or  known  to  have  been  exposed  to  inf ec- 


HEALTH.  259 

tion  within   one  year  after   such  exposure    without  the  ibid.  §4;5. 
knowledge  and  consent  of  the  municipal  oflScers,  shall  be 
punished  by  fine  not  exceeding  five  hundred  dollars  or  by  Penalty, 
imprisonment  not  exceeding  one  year. 

50.  Any  person  disobeying  the  orders  of  said  munici- 
pal oflScers  and  aldermen,  made  in  conformity  with  the  ^.   ^ 
,.,.,,  \  "^  Disobedience 
fortieth  section  of  chapter  14,  R.  S.,  1871,  or  driving  or    of  orders  of 

transporting  any  neat  cattle  contrary  to  the  regulations    "^^^^^  ^^^ 
1  ,-         -         ,,.,,„  aldermen. 

made,  so  recorded  and  published  as  aforesaid,  shall  be  ^.^  , ,. 

'  J  Dia.  §  4-t. 

punished  by  fine  not  exceeding  five  hundred  hollars  or  by  _how  pun- 
imprisonment  not  exceeding  one  year.  ished. 

51.  Whoever  knows  or  has  reason  to  suspect  the  exist-  Knowledge  or 
ence  of  any  fatal,  contagious  disease  among  the  cattle  in    suspicion  of 
his   possession  or  under  his  care,  shall  forthwith  give    reported, 
notice  to  the  municipal  officers  of  the  city  where   such  ^'^^-  §  ^5. 
cattle  may  be  kept,  and  for  failure  so  to  do,  shall  be  pun-  ^'aiiire,  how 
ished  by  a  fine   not  exceeding  five  hundred  dollars  or  by    ^ 
imprisonment  not  exceeding  one  year. 

52.  Any  towu  whose  officers  shall  neglect  or  refuse  to  ^refusai^f  city 
carry  into  effect  the  above  provisions,  shall  forfeit  a  sum    ^j^[J^ 
not  exceeding  five  hundred  dollars  for  each  day's  neglect.  ^^^^-  §  ^^• 

53.  All  appraisals  made  under  the  provisions  of  this     p®°^  ^^' 

.  Appraisals, 

act  shall  be  in  writing  and  signed  by  the  appraisers,  and    how  made, 
the  same  shall  be  certified  to  the  governor  and  council  ^^'<^-  §  ^''• 
and  to   the   treasurer   of  the  towns  wherein   the   cattle  "^rtified. 
appraised  belong,  by  the  municipal  officers. 

54.  The  municipal  officers  of  towns  may,  when  they  Further 
deem  it  necessary  to  can-y  into  effect  the  purposes  of  this    ^mlg'^^  ^' 
act,  take  and  hold  possession   for  a  term  not  exceeding  j^id.  §  is. 
one  year  within  their  respective  towns,  of  any  land,  with- 
out buildings  other  than  barns  thereon,  for  enclosing  and 
isolating  any  cattle ;  and  they  shall  cause  the  damages 
sustained   by  the  owners  in  consequence  thereof,  to  be 
appraised  by  the  assessors  thereof,  and  they  shall  further 

cause  a  description  of  such  land,  setting  forth  the  bounda- 
ries thereof,  and  the  area  as  nearly  as  may  be  estimated, 
together  with  said  appraisal,  to  be  entered  upon  the  records 
of  the  town.     The  amount  of  said  appraisal  shall  be  paid    appraisal, 
as  provided  in  the  thirty-seventh  section  of  said  chapter,    how  paid, 
in  such  sums  and  at  such  times  as  they  may  order.     If 


260 


HEALTH. 


Owner  dissat- 
isfied, may 
maintain 
action. 

Amount  to  be 
reimbursed. 


Notice  to  gov- 
ernor and 
secretary  of 
board  of 
agriculture. 

Ibid.  §  49. 

— to  commis- 
sioners in 
certain  cases. 

Commissioners 
maybe 
appointed. 

—powers  of 
Ibid.  §  50. 


—neglect  or 
refusal  to 
obey. 

—bow  pun- 
ished. 

Regulations 
made  by  com- 
missioners to 
supersede  all 
others. 

Ibid.  §  51. 

City  authorities 
to  enforce 
directions  of 
commis- 
sioners. 

1879,  c.  147. 
Glanders. 

Act  for  promo- 
tion of  medi- 
cal science. 

1881,  c.  93. 


Having  bodies 
unlawfully  in 
possession. 

Penalty. 


such  owner  is  dissatisfied  with  the  appraisal,  he  may  in  an 
action  of  the  case  recover  from  the  town  or  city  wherein 
the  lands  lie,  a  fair  compensation  for  the  damages  sus- 
tained by  him ;  but  no  costs  shall  be  taxed,  unless  the 
damages  recovered  in  such  action,  exclusive  of  interest, 
exceed  the  appraisal  of  the  assessors.  And  the  State  shall 
reimburse  any  town  four-fifths  of  any  sum  recovered  of 
such  city  in  any  such  action. 

55.  Whenever  such  disease  exists  in  any  town,  the 
municipal  oflScers  shall  forthwith  give  notice  thereof  to 
the  governor  and  secretary  of  the  board  of  agriculture ; 
but  if  commissioners  have  been  appointed  as  hereinafter 
provided,  such  notice  shall  be  given  to  them. 

56.  The  governor  may,  when  he  deems  it  expedient, 
appoint  commissioners  who  shall  have  full  power  to  make 
all  necessary  regulations,  and  to  issue  summary  orders 
relative  thereto,  for  the  treatment  and  the  extripation  of 
any  contagious  disease  among  cattle,  and  may  direct  the 
municipal  officers  to  enforce  and  carry  them  into  effect; 
and  any  such  officer  or  other  person  refusing  or  neglect- 
ing to  enforce,  carry  out  and  comply  with  any  regulation 
of  the  commissioners  shall  be  punished  by  fine  not  ex- 
ceeding five  hundred  dollars,  or  by  imprisonment  not 
exceeding  one  year  for  every  such  offence. 

57.  When  said  commissioners  shall^ake  and  publish 
any  regulations,  such  regulations  shall  supersede  the 
regulations  made  by  the  municipal  officers  during  the 
time  those  made  by  the  commissioner  are  in  force. 

58.  The  above  sections  relating  to  contagious  diseases 
among  cattle  are  made  to  fully  apply  to  horses  affected 
with  glanders  or  any  other  contagious  disease. 

59.  Whoever  willfully  and  knowingly  shall  have  in  his 
possession,  for  anatomical  purposes,  the  body  or  any  part 
thereof,  of  any  person  dying  within  this  State,  unless  the 
same  shall  be  obtained  in  the  manner  provided  by  section 
two  of  chapter  thirteen  of  the  revised  statutes,  or  in  the 
manner  provided  by  this  act,  shall  be  punished  by  impris- 
onment of  not  more  than  five  years,  or  by  fine  not  exceed- 
ing three  thousand  dollars. 


HEALTH.  261 

60.  If  any  person,  a  resident  of  this  State,  requests  or  ^of^t,o^* ^  "^^ 
consents  during  Ms  life  that  his  body,  may  be  delivered   anatomical 

°  J  T         J  science. 

to  a  regular  physician  or  surgeon,  for  the  advancement  of  ibid.  §  2. 
anatomical  science,  after  his  death,  it  may  be  used  for 
that  purpose,  unless  some  kindred  or  family  connection 
makes  objection. 

61.  The  body  of  any  person  dying  in  this  State,  which  Body  for  med- 
shall  not  be  claimed,  reasonable  notice  being  given  for   ^^a^  sciiooi. 
burial  by  the  family  or  next  of  kin  of  such  person,  shall 

be  subject  to  the  use  of  the  medical  school  of  Maine,  for 
anatomical  purposes,  as  hereinafter  provided,  and  if,  at 
at  any  time  said  school  shall  receive  a  greater  number  of 
bodies  than  it  needs  for  the  instruction  of  its  students,  it 
shall  be  authorized  to  deliver  the  excess  to  any  regular 
physician  or  surgeon,  for  the  same  purpose  in  this  State. 
<o2.  Persons  having  the  care  of  such  bodies  shall  forth- 
with notify  the  municipal  officers  of  the  town  in  which 
such  bodies  are,  and  upon  the  reception  of  such  notice 
the  municipal  officers  of  such  town  shall  immediately 
notify,  by  mail  or  otherwise,  the  officers  of  the  medical  Notiflcations  to 

school  of  Maine,  and  such  notice  shall  state  the  age  and   municipal 

officers,  &c. 
sex  of  the  deceased,  and  the  cause  of  death,  if  known,  ^^^^    ^ 

and,  on  request  of  the  officers  of  said  school,  if  made 
within  two  days  after  receiving  such  notice,  said  muni- 
cipal officers  shall  deliver  such  bodies  to  such  officers,  or 
to  any  regular  physician  or  surgeon  by  them  designated 
to  receive  the  same  ;  but  before  receiving  any  such  body, 
said  medical  school,  physician  or  surgeon,  shall  give  bond 
to  the  treasurer  of  such  town,  as  provided  in  section  two 
of  chapter  thirteen  of  the  revised  statutes.  Any  person 
who  shall  knowingly  violate  the  provisions  of  this  section 
shall  forfeit  the  sum  of  thirty  dollars,  to  be  recovered  by 
an  action  of  debt,  one-half  to  the  use  of  the  prosecutor,  cai  schooL 
and  one-half  to  the  use  of  said  medical  school  of  Maine.  188I,  c.  w. 

63.  Whenever  the  body  of  any  person  dying  in  this 
state,  shall  come  into  the  possession  of  the  officers  of  the 
medical  school  of  Maine  under  the  provisions  of  an  act 
entitled,  "An  Act  for  the  promotion  of  Medical  Science,'* 

1  Inconsistent  acts  repealed  in  §  5. 


262  HEALTH. 

it  shall  be  the  duty  of  the  secretary  of  the  faculty  of  said 
school,  to  cause  such  body  to  be  embalmed  without  delay, 
and  preserved  without  dissection  for  thirty  days.  Aud 
in  case  the  name  of  said  subject  is  unknown,  the  same 
shall  be  identified  by  a  suflScient  description,  which  shall 
be  recorded  by  the  secretary,  in  a  book  kept  for  that 
purpose,  and  which  shall  be  open  to  public  inspection. 

Claim  of  family  ^^'  ^^J  ^^  '^^^^  family  or  next  of  kin  of  such  subjects, 
or  next  of  kin.  may  claim  said  subjects  for  burial  within  said  thirty  days, 

Ibid.  §  2.  and  the  same  shall  be  delivered  to  them  for  said  purpose 

on  demand. 

Penalty.  65.  Any  violation  of  the  provisions  of  this  act,  shall 

Ibid.  §3.  b.e  punished  by  a  fine  not  exceeding  one  thousand  dollars. 

Ordinances. 

Mayor  and  ^'  ^^®  mayor  and  aldermen  shall  constitute  the 

and  aldermen  board  of  health  of   tlic  city  for  all  purposes,  and 
tate  thelboard  shall   cxercisc   all  the  powers  vested  in,  and  shall 
of  health.        perform  all  the  duties  prescribed  to  the  health  com- 
mittee and  selectmen  of  towns  of  this  State,  subject 
only  to  any  limitations  contained  in  the   ordinances, 
regulations,  and  orders  of  the  city  council. 
Execution  of         2.  The    exccutiou    of    the   laws    and    ordinances 
health  laws      rclatiiiof  to   the    subjects    of    internal   and    external 

and  ordinaces  *=^  *^ 

committed  to  health,  shall  be  under  the  superintendence  of  the 
city  marshal  and  his  deputies,  and  it  shall  be  their 
duty,  and  they  and  each  of  them  shall  have  the 
power  to  enforce  all  laws,  ordinances,  regulations 
and  orders  relating  to  causes  of  sickness,  nuisances 
and  sources  of  filth,  existing  within  the  city,  within 
the  harbor,  or  in  any  vessel  within  said  harbor,  or 
on  any  island,  subject  always  to  the  direction, 
authority  and  control  of  the  mayor  and  aldermen. 
City  physician       3^  The  citv  couiicil  sliall  annually,  on  the  second 

and  consulting  ^^,.1  ^        i?  ^r        ^  i^ 

physicians.      Monday  in  the  month  of  March,  or  soon  thereaiter 
Ibid,  as  as   may   be,   make  choice  of  a  city  physician,  and 

amended  by        ,  '^  '  ,        .    .  ^  it 

city  charter,     three  Consulting  physicians  oi  regular  standing. 


city  marshal. 
Ibid. 


HEALTH.  263 

4.  It  shall  be  the  duty  of  the  city  physician  to  Duty  of  city 
give  his  professional  attendance  and  services  at  the   Physician. 
alms  house,  at  the  city  hospital,  and  elsewhere,  for  ^^'  ^^'  ^^' 
patients  under  the  care  or  at  the  charge  of  the  city, 
whenever  thereunto  required  by  the  overseers  of  the 

poor,  master  of  the  alms  house,  or  mayor. 

5.  It  shall  be  the  duty  of  the  consulting  physicians  Duties  of  con- 
in  case  of  alarm  of  any  contagious  or  other  dangerous  oian^^^  ^* 
disease  occuring  in  the  city  or  neighborhood,  to  give  iwd. 

the  mayor  or  to  either  board  of  the  city  council,  all 
such  professional  advice  and  information  as  they  may 
request,  with  a  view  to  the  prevention  of  such  dis- 
ease, and  at  all  convenient  times  when  requested,  to 
aid  and  assist  them  with  their  council  and  advice  in 
all  matters  that  relate  to  the  preservation  of  the 
health  of  the  inhabitants. 

6.  No  person  shall  throw  or  deposit,  or  cause  to  j^^ofinhshaii 
be  thrown  or  deposited,  in  any  street,  court,  square,    be  thrown 
lane,  alley,  or  public  place,  any  saw  dust,  soot,  ashes,     °^^''^'^- 
cinders,  shavings,  hair,  shreds,  manure,  oyster,  clam 

or  lobster  shells,  waste  or  dirty  water,  or  any  animal, 
vegetable  or  offensive  matter  whatever.  Nor  shall 
any  person  or  persons  throw  or  cast  any  dead  animal, 
or  any  foul  or  offensive  matter  in  any  dock  or  place 
between  the  channel  and  the  shore,  nor  shall  land 
any  foul  or  offensive  animal  or  vegetable  substance 
within  the  city,  nor  shall  cast  any  dead  animal  in  the 
waters  of  the  harbor  or  back  cove. 

7.  If  any  of  the  substances  mentioned  in  the 
preceding  section,  shall  be  thrown  or  carried  into 
any  street,  lane,  alley,  court,  square  or  public  place, 
from  any  house,  wood-house,  shop,  cellar,  yard,  or 
any  other  place,  the  owner  or  occupant  of  such  house 
or  place,  and  the  person  who  actually  threw  and 
carried  the  same  therefrom,  shall  severally  be  held 
liable  for  such  violation  of  this  ordinance,  and  all 

-  16 


264 


HEALTH. 


Filth,  Ac,  may- 
be removed 
by  order  of 
mayor,  alder- 
men, or  mar- 
shal. 

rtid. 


In  case  of 
neglect  to 
remove 
nuisances 
after  notice. 

Ibid. 


such  substances  shall  be  removed  at  the  expense  of 
the  owner  or  occupant  of  the  house  or  other  place, 
whence  the  same  were  thrown  or  carried,  within  two 
hours  after  personal  notice  in  writing  to  that  effect 
given  by  the  mayor,  any  alderman,  the  city  marshal 
or  deputy,  or  -any  health  officer,  duly  appointed  by 
the  city  council. 

8.  All  dirt,  saw  dust,  soot,  ashes,  cinders,  shav- 
ings, hair,  shreds,  manure,  oyster,  clam,  or  lobster 
shells,  or  any  animal  or  vegetable  substance,  or  filth 
of  any  kind,  in  any  house,  warehouse,  cellar,  yard,' 
or  other  place  which  the  mayor,  any  alderman,  city 
marshal  or  deputy,  or  health  committee  or  officer, 
shall  deem  necessary  for  the  health  of  the  city  to  be 
removed,  shall  be  carried  away  therefrom,  by  and  at 
the  expense  of  the  owner  or  occupant  of  such  house 
or  other  place  where  the  same  shall  be  found,  and 
removed  to  such  place  as  shall  be  directed,  within 
four  hours  after  notice  in  writing  to  that  eifect,  given 
by  the  ma^^or,  any  alderman,  city  marshal,  deputy, 
or  health  officer. 

9.  Whenever  any  person  shall  have  been  duly 
notified  to  remove  any  nuisance,  or  to  perform  any 
other  act  or  thing  which  it  may  be  his  duty  to 
perform  for  the  preservation  of  the  health  of  the 
city,  and  the  time  limited  for  the  performance  of 
such  duty  shall  have  elapsed,  without  a  compliance 
with  such  notice,  the  city  marshal  shall  forthwith 
cause  such  nuisance  to  be  removed  at  the  expense 
of  the  person  so  notified.  And  the  mayor  shall 
cause  all  persons  who  shall  violate  or  disobey  the 
health  laws  or  regulations,  to  be  forthwith  prosecuted 
and  punished.  And  if,  in  the  opinion  of  the  mayor 
and  aldermen,  or  the  city  marshal,  or  deputy,  it  shall 
be  for  the  health  or  comfort  of  the  inhabitants  of  the 
city  that  any  particular  nuisance  should  be  removed 


^      HEALTH.  265 

forthwith  and  without  delay,  it  shall  be  their  duty  to 
cause  the  same  to  be  removed  accordingly.  And 
if  the  said  nuisance  existed  in  violation  of  this  or- 
dinance, or  of  any  of  the  laws,  regulations,  or 
ordinances  relating  to  the  health  of  the  city,  then  the 
expense  of  removing  the  same  shall  be  paid  by  the 
owner  or  occupant  of  the  house  or  other  place  where 
the  same  was  found,  and  if  payment  be  refused  on 
demand  thereof,  by  the  city  marshal,  it  shall  be  sued 
for  in  the  name  of  the  city. 

10.  Any  person  offending  against  the  provisions  penalty, 
of  the  preceding  sections,  shall  forfeit  and  pay  not  ibia. 
less  than  one  dollar  nor  more  than  twenty  dollars  for 
every  offense ;  also  the  sum  of  one  dollar  for  every 

hour  that  the  nuisances  or  substances  mentioned  in 
the  previous  section  of  this  ordinance  are  suffered  to 
remain  after  due  notice  thereof. 

11.  If  any  person  shall  erect  or  set  up,  or  cause 

to    be    erected   or   set  up,    or   shall   continue   any  ^^^^^^  ^^ 
necessary  or  privy  within  nine  feet  of  any  street,  lane   privy  vauita. 
or  alley,  court,  square  or  public  place,  or  within  a   igrs. '^^^' 
like  distance  of  any  adjoining  lot,  dwelling  house,  see§§26e<seg.. 
shop  or  well,  or  any  public  building,  such  person  ^^'*' 
shall  forfeit  and  pay  five  dollars,  and  a  further  pen- 
alty of  five  dollars  for  every  month  the  necessary  or 
privy  shall  continue  and  so  remain. 

Provided.^  That  these  penalties  shall  not  be  in- 
curred in  any  case  where  there  is  a  necessary  or 
privy  already  erected,  or  where  one  may  hereafter 
be  erected  with  a  vault  under  such  necessary,  the 
size  of  which  shall  not  be  less  than  six  feet  deep  and 
contain  not  less  than  one  hundred  and  twenty-eight 
cubic  feet,  and  enclosed  with  bricks  well  laid  in 
water-proof  cement. 

This  ordinance  shall  effect  on  approval. 

12.  Fresh  fish  may  be  sold  in  any  part  of  the  city 
below  high  water  mark;  and  no  person  shall  sell 


:266  HEALTH. 

Fresh  fish,        fi'esli  fisli  ill  any  other  part  of  the  city,  except  as 

(Td^F^b^r  hereinafter  provided,  under  a  penalty  of  five  dollars 
1863,  and    '    for  cach  offcnce.     But  the  mayor  and  aldermen  may 

Rev.  ord.  1868.  ^ggjg^j  places  for  selling  the  same  above  high  water 
mark,  under  section  second  of  chapter  twenty-one  of 
the  revised  statues  of  1857,  or  other  like  statutory 
provisions,  and  under  such  rules  and  regulations  as 
said  board  may,  from  time  to  time,  prescribe.  Be- 
fore, however,  any  place  shall  be  so  assigned,  a 
written  petition  shall  be  presented  to  the  board 
N  therefor,  setting  forth  in  detail  the  provisions  pro- 

posed to  be  made  for  guarding  against  injury  to  the 
public  health,  and  if  the  board  is  satisfied  that  such 
proposed  arrangements  are  sufficient  for  such  purpose, 
they  shall  personally  inspect  the  premises  named  in 
petition,  and  shall  make  no  assignment  until  it  ap- 
'  pears  to  them  that  such  provisions  are  secured. 
Whenever,  in  the  opinion  of  said  board,  the  public 
health  requires  the  revoking  such  assignment,  they 
shall  at  once  revoke  the  same,  w4th  or  without  notice 
as  they  shall  see  fit. 

g^g  13.  Nothing   contained   in   the   previous  sections 

shall  prevent  any  person  from  carrying  and  selling 
fresh  fish,  free  from  ofial,  in  any  part  of  the  city 
during  the  year,  in  carts  or  vehicles  suitably  covered 
to  preserve  the  fish  from  the  sun,  except  that  from  the 
first  day  of  June  to  the  first  day  of  September  they 
shall  not  be  carried  and  sold,  as  aforesaid,  between 
the  hours  of  nine  A.  M.  and  four  P.  M.  under  a 
penalty  of  five  dollars  for  each  ofiense. 

^Offensive  sub-  14.  No  pcrson  shall  throw,  or  cause  to  be  thrown, 
t^be^tflSwr*  into  any  well,  cistern,  or  fountain,  any  stones, 
into  wells.       bricks,  or  parts  of  bricks,  dead  animals,  carrion,  or 

Ibid.  £gij^  offal,  or  any  other  substance  whatever,  under  a 

penalty  of  not  less  than  ^yq  dollars  nor  more  than 
fifty  dollars. 


,Bev.  Ord.  1868. 


HEALTH.  267 


15.  No  person  shall  knowingly  sell  or  oifer  for  unwhoisome 

sions 
sold. 


sale  within  the  city  any  unwholesome,  stale  or  putrid   provisions  not 


articles  of  provisions,  nor  any  meat  that  has  been  i^i^L 
blown,  raised  or  stuffed,  nor  any  measly  pork,  nor 
any  diseased  meat  of  any  kind,  under  a  penalty  of 
not  less  twenty  dollars  nor  more  than  fifty  dollai-s  for 

each  offence.  Regulations 

16.  If  any  person  shall  erect,  place,  or  contmue   hoSie?^ 
any  hog-sty  within  one  hundred  feet  of  any  street,  Eev.  orcL,  ises. 
Bquare,  lane  or  alley,  or  of  any  dwelling  house,  such 

person  shall  forfeit  and  pay  for  every  such  offense, 
the  sum  of  five  dollars  for  every  week  during  which 
any  hog  or  swine  shall  be  kept  or  continued  in  such 

sty.  House  offal. 

17.  All  house  offal,  whether  consisting  of  animal 
or  vegetable  substances,  shall  be  deposited  in  con- 
venient  vessels,  and  be   kept    in   some   convenient  ^a°way^^^^ 
place,  to  be  taken  away  by  such  person  or  persons 

as  shall  be  appointed  by  the  mayor  and  aldermen 
for  that  purpose. 

18.  A  city  cart  or  other  suitable  vehicle  shall  be  city  cart  to 
provided  and  furnished  with  a  bell  to  give  notice  of  ^^^^^  ^^^^ 
its    approach,    which    shall    pass    through    all   the  Mayi2,i863. 
streets,  lanes  aod  courts  of  the  city,  not  less  than  k«v- o^d.  lass. 
twice  in  every  week,  to  receive  and  cany  away  all 

such  house  offal  as  may  have  been  accumulated  in  the 

vessels  aforesaid.  Mayor  and 

19.  The  mayor  and  aldermen  shall  appoint,  an-   app^Sper- 
nually,  a  suitable  person  to  take  charge  of  the  cart   charge  of  cart. 
or  vehicle  mentioned  in  the  preceding  section,  and  to   gJamended  ' 
collect  and  carry  away  the  house  offal  accumulated   i>y  city  char- 
as   aforesaid ;    and   the   person    so   appointed    may   oni.,  ises. 
appoint  a  deputy,  w^hen  he  may  deem  it  necessary.       ofraitobe  de- 

20.  All  persons  shall  promptly  deliver  the  offal  so   u^eredto 

.  ,  .J     person  so 

accumulated  on  their  premises  to  the  person  appointed   appointed, 
as  aforesaid  to  receive  the  same.     And  if  any  person  Rev.  ord.,  ises. 
shall  neglect   to   provide   suitable  vessels   for    the 


2QS 


HEALTH. 


No  other  per- 
son to  collect 
offal. 

Ibid. 
Penalty. 


Vaults  and 
privies  in 
unhealthy 
condition  to 
be  cleansed. 

Ibid. 


In  case  of  neg- 
lect or  refusal, 
to  be  done  by 
mayor  and 
aldermen  at 
expense  of 
owner. 


Mayor  and 
aldermen  may 
remove  per- 

,  jsons  from 
tenements 
where  too 
numerous  or 
xmprovided 
with  vaults. 


Ibid. 


deposit  of  such  house  offal,  or  shall  in  any  way 
hinder  or  delay  the  person  so  appointed  to  receive 
it,  in  the  performance  of  his  duty  aforesaid,  he  shall 
forfeit  and  pay  a  sum  not  less  than  two  nor  more 
than  twenty  dollars  for  each  and  every  offense. 

21.  No  person  shall  go  about  collecting  any  house 
offal,  consisting  of  animal  or  vegetable  substances, 
or  carry  the  same  through  any  of  the  streets,  lanes,  or 
courts  of  the  city,  except  the  person  appointed  as 
aforesaid,  or  his  deputy,  under  a  penalty  of  not  less 
than  two  nor  more  than  tvv^enty  dollars  for  each  and 
every  offense. 

22.  Whenever  any  vault,  privy,  or  drain,  shall,  in 
the  opinion  of  the  mayor  or  health  officer,  by  its  filth 
or  dirt,  become  dangerous  to  the  health,  or  prejudicial 
to  the  comfort  of  the  citizens,  the  agent,  occupant,  or 
other  person  having  charge  of  the  land  in  which  any 
vault,  privy,  or  drain  may  be  situated,  the  state  and 
condition  of  which  shall  be  in  violation  of  the  provisions 
of  this  ordinance,  shall  remove,  cleanse,  alter,  amend, 
or  repair  the  same,  within  a  reasonable  time  after 
notice  in  writing  to  that  effect,  given  by  the  mayor, 
any  alderman,  or  the  city  marshal.  In  case  of 
neglect  or  refusal  for  the  space  of  five  days,  the 
mayor  and  aldermen  shall  cause  the  same  to  be 
removed,  cleansed,  altered,  amended  or  repaired,  as 
they  may  deem  expedient,  at  the  expense  of  owner, 
agent,  occupant,  or  other  person,  as  aforesaid. 

23.  Whenever,  upon  due  examination,  it  shall 
appear  to  the  mayor  and  aldermen  that  the  number 
of  persons  occupying  any  tenement  or  building  in 
the  city,  is,  so  great  as  to  be  the  cause  of  nuisance 
and  sickness,  and  the  source  of  filth,  or  that  any 
tenements  or  buildings  are  not  furnished  with  suitable 
vaults,  privies,  or  drains,  they  may  thereupon  issue 
their  notice  in  writing  to  such  persons,  or  any  of 


HEALTH.  269 

them,  requiring  them  to  remove  from  and  quit,  such 
tenement  or  building  within  such  time  as  the  ma^'or 
and  aldermen  shall  deem  reasonable.  And  if  the 
person  or  persons  so  notified,  or  any  of  them,  shall 
neglect  or  refuse  to  remove  and  quit,  within  the  time 
mentioned  in  such  notice,  the  mayor  and  aldermen  are 
hereby  authorized  and  empowered,  thereupon  forcibly 
to  remove  them,  and  to  close  up  such  tenement,  and 
the  same  shall  not  be  again  occupied  as  a  dwelling 
place  under  a  penalty  of  not  less  than  fifty  dollars,  to  p^^^^j^ 
be  recovered  of  the  owner  or  owners  if  they  shall 
have  knowingly  permitted  the  same  to  be  occupied. 

24.  Xo  person  shall  hang  or  spread,  or  expose  in 

any  street,  lane,  alley,  court  or  public  place,  any  Hides  or 

J.,,  ,  ,  11.  1.1  leather  not  to 

raw,    driea,    tanned,    or    dressed    skms,    hides    or  be  exposed  in 

leather,    under   a   penalty  of    net   less^  than    three  streets, 
nor  more  than  ten  dollars  for  each  offense. 

25.  The  harbor  master  and  city  physician  shall  Harbormaster 
perform   such    duties,  relative  to    quarantining  ves-  g^iantoper- 
sels,  as  may  be  required  by  the    mayor  and  alder-  form  duty  in 
men,  and  shall  receive  therefore  such  fee  and  expenses  qxiarantining 
from  each  vessel  visited,  liable  to  be  quarantined,  as  vessels. 
may  be  fixed  by  the  mayor  and  aldermen.  i869. 

26.  No  person,  except  as  hereinafter  provided, 
shall  empty  or  remove  the  contents  of  any  privy 
vault  within  the  limits  of  the  city  of  Portland,  or 
attempt  so  to  do.  '^-^'o" 

27.  The  Board  of  Health,  annually^  shall  license  vaults. 
in  writing  such  number  of  persons  as  they  may  judge  i^'g. 
necessary  to  open,  clean  out,  and  remove  the  contents 

of  privy  vaults,  subject  to  dismissal  for  cause,  and 
subject  to  the  ordinances  of  the  city  and  all  present 
and  future  regulations  of  the  board  of  health. 

28.  Each  person  thus  appointed  shall  execute  to 

the  city  a  bond  in  the  penal  sum  of  two  hundred  Bond, 
dollars,  with  sufficient  surety  or  sureties,  conditional  ^^''• 
that  he  will  speedily  and  faithfully  perform  the  work 


270 


HEALTH. 


Cart. 


Permit. 
Ibid. 


Time. 
Ibid. 


Penalty. 
Ibid. 


Repeal. 
Ibid. 


and  will  observe  all  the  laws  of  the  State,  ordinances 
of  the  city,  and  regulations  of  the  board  of  health  in 
opening,  cleaning  and  emptying  vaults. 

29.  Each  person,  so  appointed,  before  doing  any 
work,  shall  provide  himself  with  a  close  covered  and 
water  tight  cart  of  the  size  and  description  prescribed 
by  the  committee  on  health,  and  shall  receive  for  each 
load  of  night  soil  filling  the  capacity  of  said  cart, 
taken  from  any  privy  vault  and  transported  and  buried 
in  a  place  at  least  three  feet  below  the  surface  of  the 
ground,  to  be  approved  by  said  committee,  such  sum 
as  the  committee  on  health  may  from  time  to  time 
determine. 

30.  Each  person  so  licensed,  before  opening  or 
emptying  any  privy  vault,  shall  obtain  a  permit  in 
writing  from  the  committee  on  health,  or  some  person 
appointed  to  issue  such  permit,  and  in  such  permit 
shall  be  prescribed  through  what  streets  and  by  what 
route  the  night  soil  shall  be  transported.  No  such 
permit  shall  be  granted  between  the  first  day  of  July 
and  first  day  of  October,  and  no  vault  shall  be  emptied 
between  these  dates  except  by  express  order  of  the 
committee  on  health. 

31 .  No  privy  vault  shall  be  emptied  or  the  contents 
or  any  part  thereof  conveyed  through  any  part  of  the 
city  except  between  the  hours  of  ten  at  night  and 
sunrise  of  the  following  morning,  nor  shall  any  cait 
or  vehicle  containing  such  contents  be  permitted  to 
stand  in  any  part  of  the  city,  except  while  loading. 

32.  Any  person  violating  any  of  the  provisions  of 
the  foregoing  sections  shall  forfeit  and  pay  to  the  use 
of  the  city  not  less  than  three  dollars  nor  more  than 
twenty  dollars. 

33.  Sections  twelve  and  thirteen  of  the  revised 
ordinances  of  eighteen  hundred  and  sixty-eight,  relat- 
ing to  health,  are  hereby  repealed. 


HEALTH.  271 

INTERMENT    OF   THE    DEAD. 

34.  The  department  relative  to  the  interment  of 
the  dead  shall  be  placed  under  the  control  of  one 
superintendent  to   be   called  the  superintendent  of  ^^p^^^"^*^* 
burials,  who  shall  ex-officio  be  an  undertaker,  whose  ^^^  ^^  ^^^ 
duty  it  shall  be,  and  he  shall  have  power,  to  carry  see  also  ord. 
into  execution  all  power  and  authority  vested  in  the   ^emlte^^^^ 
city  council   relative  to  the  interment  of  the  dead, 
the  establishment  of  the  policb  of  the  cemeteries  and  ^^'^^^'y- 
bur^nnor  orrounds,  and  the  reo^ulations  of  funerals  and  ^  ,      ^^  ^ 

•^      «5  ^  '  ^  .        To  be  subject 

funeral  processions,  subject  always  to  the  authoiity   tothereguia- 
and  control  of  the  mayor  and  aldermen  ;  and  it  shall    andawe^en^ 
be  the  duty  of  said  superintendent  to  carry  into  effect  t^  ^^^  ^^^ 
the  ordinances  of  the  city  council  and  the  laws  of  the   ^f^^  ^^^  ^■ 

,  ^  dlnances,  &c. 

State  relative  thereto. 

So.  Said  superintendent  shall  be  appointed  annually,  superintendent 
on  the  second  Monday  of  the  month  of  March,  or  as   annually, 
soon  thereafter  as  may  be,  by  the  mayor,   by  the  n)i<i'as 
advice  and  consent  of  the  aldermen,  and  he  shall  hold    city  charter, 
his  office  for  one  year,  and  until  another  be  chosen,    ^  ^' 
unless   previously   removed  by  the  mayor,  by  the 
advice  and  consent  as  aforesaid,  and  in  case  of  v^acancy 
in  said  office  on  account  of  removal,  death,  or  resig- 
nation, the  mayor  shall  appoint  a  successor  for  the 
remainder  of  the  year,  and  the  said  officer  shall  receive 
such   compensation   as  the  city  council  shall  deem  Tobeswom. 
reasonable,  and  he  shall  be  swoni  to  the  faithful  exe- 
cution of  his  office,  and  shall  give  such  bonds  for  the  to  give  bonds, 
faithful  performance  of  his  duties,  as  shall  be  satis- 
factory to  the  mayor  and  aldermen. 

36.  It  shall  be  the  duty  of  said  superintendent  to  i^tiesof 

1       /•  11  1  n    1  11  Buperintend- 

keep  the  fences,  walls  and  gates  of  the  several  bury-   ent  of  burials, 
ing  grounds  in  the  city  in  good  repair,  to  take  care  ^^^ 
that  said  burying  grounds  are  well  secured  by  locks 
and  bolts,  to  designate  the  place,  depth  and  width  of 
every  grave  dug  therein,  to  cause  said  graves  to  be 


272 


HEALTH. 


Funeral  cars  to 
be  in  care  of 
superintend- 
ent. 

Ibid. 


Undertaker  to 
be  appointed 
and  licensed 
by  mayor  and 
aldermen. 

Ibid.  as. 
amended  by 
city  charter, 
§6. 


May  employ 
porters. 


Maybe 
removed. 


dug  in  exact  ranges  and  parallel  with  the  lines  as  laid 
out  in  said  cemetery,  and  as  near  to  each  other  as  he 
may  think  proper,  and  to  take  care  that  said  graves 
be  so  filled  and  elevated  that  water  may  not  remain 
thereon  ;  and  he  shall  record  in  a  book  to  be  kept  for 
that  purpose,  the  name,  age  and  sex  of  each  person 
interred,  the  family  to  which  the  deceased  belonged, 
the  disease  of  which  he  or  she  died,  and  whether  resi- 
dent or  stranger,  the  time  when  interred,  the  number 
and  range  of  the  grave  or  tomb,  &c.,  and  report  to 
the  city  council,  in  the  month  of  February,  annually, 
a  list  of  such  interments  during  the  preceding  year, 
specifying  the  particulars  aforesaid  as  recorded. 

37.  All  funeral  cars  used  in  and  owned  by  the  city 
shall  be  under  the  care  of  said  superintendent,  and 
shall  be  deposited  for  safe  keeping  in  places  provided 
for  that  purpose ;  and  it  shall  be  the  duty  of  said 
superintendent  to  cause  them  to  be  kept  clean  and  in 
good  repair,  and  he  shall  not  permit  any  person  to 
use  the  same,  except  undertakers  who  are  duly 
licensed. 

38.  A  sufficient  number  of  undertakers  shall 
annually,  on  the  second  Tuesday  of  March,  or  as  soon 
thereafter  as  may  be,  be  appointed  and  licensed  by 
the  mayor,  by  the  advice  and  consent  of  the  aldermen, 
who  shall  hold  their  offices  one  year,  or  until  others 
are  appointed  in  their  stead,  and  who  shall  be  respon- 
sible for  the  decent,  orderly  and  faithful  management 
of  the  funerals  undertaken  by  them,  and  a  strict  com- 
pliance with  the  ordinances  of  the  city  in  this  behalf. 
Each  undertaker  may  employ  porters  of  decent  and 
sober  character  to  assist  him,  and  shall  be  accountable 
to  the  mayor  and  aldermen  for  their  conduct,  and  said 
undertakers  and  porters  shall  always  be  removable 
at  the  pleasure  of  the  mayor.  And  all  persons  not 
licensed  as  undertakers  as  aforesaid,  are  hereby  for- 


fees. 
Kev.  Ord.  1868, 


HEALTH.  273 

bidden  and  prohibited  from  undertakinor  the  manage-  undertakers 

^-^  *^  not  lioGnscci 

ment  of  any  funeml,  mider  a  penalty  of  not  less  than   prohibited  ' 

•^  1  ^  from  acting 

ten  nor  more  than  twenty  dollars  for  each  oflfence.       Penalt^^' 

39.  No  person  shall  bury  or  inter,  or  cause  to  be  no  interments 
buried  or  interred,  or  deposit  in  the  city  tomb,  any   ^[51™t^® 
dead  body,  ^nthout  first  having  obtained  a  license  so   ucense  from 
to  do,  from  the  superintendent  of  burials,  whose  duty   em  o?buriaifl. 
it  shall  be  to  ffrant  the  same  to  any  licensed  under-  ^^-  ^^^-  ^^^• 

*^  1     n  1  -^^  interments 

taker.     And  no  person  shall  bury  or  inter,  or  cause   to  be  made 

'■  "^  '  except  be- 

to  be  buried  or  interred,  any  dead  body,  at  any  other  ^J^g^u^^t^®® 
time  of  the  day  than   between  sunrise  and  sunset,    except,  &c. 
except  when  otherwise  ordered  by  the  superintendent 
of  burials. 

40.  The  undertakers  shall  be  allowed  to  charge  and  undertaker's 
receive  the  following  fees  for  their  services,  to  wit : 
For  serv  ices  and  interrinof  an  adult  in  Everofreen  Ceme- 

®  ^  SeeOrd.  on 

tery,  includmg  hearse  and  porter's  fee,  seven  dollars  ;   Evergreen 
and  for  a  child  five  dollars.     For  interring  in  either  ^™^*^^- 
cemeteiy  in  the  city,  including  hearse  and  porter's 
fee,  five  dollars ;  and  for  a  child  four  dollars. 

For  opening  church  and  carrying  the  body  into  the 
same  for  funeral  services,  an  additional  fee  of  two 
dollars.  For  taking  up  body  from  either  cemetery 
within  the  city,  and  removing  and  interring  the-  same 
in  Evergreen  Cemetery,  five  dollars  ;  for  every  addi- 
tional body  taken  up,  removed  and  interred  aforesaid 
at  the  same  time,  three  dollars.         • 

For  taking  up  and  removing  the  body  of  a  child  to 
Evergreen  Cemetery,  three  dollars  and  fifty  cents. 

For  services  attending  funeral  and  depositing  the 
body  of  an  adult  in  the  city  tomb,  four  dollars ;  for 
removing  and  interring  the  same  in  Eastern  Cemetery, 
one  dollar  and  fifty  cents  ;  in  Western  Cemetery,  two 
dollars. 

For  attending  funeral  services  and  depositing  a 
child  in  city  tomb,  three  dollars ;  for  removing  and 


274  HEALTH. 

interring  the  same  in  Eastern  Cemetery,  one  dollar ; 
in  Western  Cemetery,  one  dollar  and  fifty  cents. 
Depth  of  41.  All  graves  for  adult  persons  shall  be  dug  not 

ibid^as  ^^^^  ^^^^  ^^®  ^^^^  ^^^P  '  ^"^  *^®  depth  for  children 

amended  by     shall  be  left  to  the  discretion  of  the   superintendent. 

1876.  ^^°  ^'     ^^®  corpse  of  every  person  of  eight  years  old  and 

upwards  shall  be  conveyed  to  the  place  of  interment 

in  a  funeral  car. 

No  body  to  be        42.  If  any  person  shall  be  desirous  to  remove  out 

city  wiThJur  ^^  ^^^  ^^^y  *^^  ^^^y  ^^  ^  deceased  person  for  inter- 
permission  of  mcut,  he  shall  make  application  to  the  superintendent 
e^r""^'^       ^f  burials  for  permission  so  to  do,  and  said  superin- 
Rev.  ord.  1868.  tcudcnt  shall  grant  such  permission  if  no  cause  shall 
appear  for  withholding  the  same,  and  shall  attend  to 
Superintendent  sudh  rcmoval  in  pcrson,  or  employ  one  of  the  under- 
removai.         takers  of  the  city  to  attend  thereto  ;  and  for  a  permit 
for  such  removal,  the  superintendent  shall  be  entitled 
to  receive  the  sum  of  twenty-five  cents,  provided  that 
the  provisions  of  this  section  shall  not  apply  to  inter- 
ments  made   in   Evergreen  Cemetery,  Forest  City 
Cemetery,  and  Calvary  Cemetery; 

43.  Every   undertaker   shall    within    twenty-four 
Undertakers  to  hours  after  attending  the  interment  of  any  deceased 

to^superin™^   person,  make  a  return  in  writing  to  the  superintendent 

tendent.  of  burials,  of  the  name,  age  and  sex  of  the  deceased, 

the  names  of  parents  when  known,  date  of  death, 

whether  resident  or  stranger,  and  the  date  and  place 

of  interment. 

44.  No   person   shall   remove  any  bodies  or  the 
Bodies  not  to    remains  of  any  bodies,   from  any  of  the  graves  or 

be  removed     tombs  in  the  citv,  or  disturb  or  break  up,  or  remove 

without  per-  i      j      •  . 

mit  of  super-   any  body  in  any  tomb  or  grave  without  special  per- 
^in^endent.       mission  of  the  superintendent  of  burials. 
Bodies  in  cit  ^^'   ^^^  bodics  that  are  or  may  be  deposited  in  the 

tomb  to  be  re-  city  tomb.  Waiting  burial  in  any  of  the  cemeteries 
move  ,excep ,  jj^^Qj^gij^g  ^q  ^j^^  ^j^y^  gj^^^jj  i^^  removed  therefrom,  on 
n^id. 


HEALTH.  275 

or  before  the  fifleenlh  day  of  May  of  each  year, 
unless  they  shall  be  suffered  to  remain  by  special  per- 
mission from  the  superintendent  of  burials. 

46.  If  the  requirements  of  the  preceding  sections  superintendent 
are  not  complied  with,  it  shall  be  the  duty  of  the   JJJ^j™°^® 
superintendent  of  burials  to  remove  all  such  bodies  ibid. 

from  said  tomb,  ana  properly  inter  the  same,  at  the 
expense  of  the  parties  interested. 

47.  No  person  shall  bury  or  inter,  or  cause  to  be 
buried  or  interred  any  dead  body  in  either  of  the   inteiTcdin 
cemeteries  within  the  city,  except  in  family  tombs,    city  cem- 
or  lots,  or  plats  that  have  heretofore  been  assigned   except!  &c. 
for  fiimily  burying-grounds,  and  in  which  there  may   ord.june24, 
be  sufficient  space  for  the  interment  of  dead  bodies.     Rev.  ord.,  ises. 

48.  Whenever  the  mayor  and  aldermen  deem  that  Mayor  and  al- 


dermen 


to 


any  additional  interments  in  any  family  tomb,  lot  or  authoi-ized 
plat,  in  either  of  the  cemeteries  within  the  city  would   ^^^^^  t*^™^^, 
be  injurious  to  public  health,  they  are  hereby  author-  luid. 
ized  to  order  that  such  tomb,  lot  or  plat  shall  be 
closed,  and  to  forbid  the  same  to  be  used  thereafter 
for  the  purpose  of  interment. 

49.  The   mayor   and  aldermen  are  authorized  to  Mayor  and 
make  and  adopt  any  regulations  in  relation  to  the   makereguia- 
interment  of  the  dead,  which  they  may  deem  expe-   *^o°»'*<'- 
dient,  not  inconsistent  with  the  foregoing  provisions. 

50.  No  driver  of  anv  hack,  iob  wa^on,  or  express  Drivers  of 

"  o       '  I  hacks  and 

wagon,  or  any  other  vehicle,  except  a  dul}'  appointed   other  vehicles 
and  licensed  undertaker,  shall  transport  through  this  f^^^^^^^d^d 
city,  or  from  one  place  to  another  in  this  city,  any  bodies  without 
dead  body  which  is  to  be  buried  in  any  cemetery  J)^i"jan.  4, 
belonging  to  the  city,  without  permission  of  the  super-   is"^. 
intendent  of  burials,  under  a  penalty  of  twenty  dol- 
lars for  each  offence,  to  be  recovered  for  the  use  of 
tlie  city  by  complaint  before  the  judge  of  the  muni- 
cipal court  of  Portland. 


276  HEALTH. 

Penalties  for         51.  Aiij  persoH  who  shall  be  guilty  of  any  viola- 
vioiationof      ^-^j^  q£  ^j^y  ^f  ^j-^^  provisions   of  this  ordinance  in 

foregoing  pro-  ^  ^ 

visions.  relation  to  which  a  penalty  is  not  prescribed,  shall  for 

Rev.  ord.  1868.  ^ach  and  every  offence,  forfeit  and  pay  a  sum  not 

less  than  ^yg  nor  more  thai)  twenty  dollars,  to  be 

recovered  by  complaint  before  the  municipal  court, 

or  by  action  in  the  name  of  the  city. 


[For  duties  of  superintendent  of  burials  relating  to  Evergreen 
and  Forest  City^  Cemeteries,  see  chapter  on  Cemeteries,  ante.'] 


Histories    of    Cities    and 
Towns. 


Statute. 
Towns  anthorized  to  procure  histories  and  raise  money  therefor.  Towns  author- 
Cities  and  towns  may  raise  moneys  for  the  purpose  of  higtorira'^^T 
procuring  the  writing  and  publication  of  their  histories.       raise  money 


therefor. 
B.  S.,  1871.  c.  3: 
§36. 


Houses  of  Correction, 


Town  houses 
of  correction 
and  their 
object. 

R.  8.,  1871,  c. 

141,  §  17. 


Overseers 

thereof. 

Ibid.  §  18. 


Of  work- 
houses for 
like  uses. 

Ibid.  §  19. 


Compensation 
of  overseers 
and  master. 

Ibid.  §  20. 


Statutes. 

1.  Town  houses  of  correction  and  their  object. 

2.  Overseers  thereof. 

3.  Of  work-houses  appropriated  to  the  like  uses. 

4.  Compensation  of  overseers  and  master. 

5.  Duties  of  the  overseers. 

6.  Support  of  the  prisoners. 

7.  Powers  of  overseers  to  commit  persons  to  such  house. 

8.  Form  of  the  order  for  commitment. 

1.  Any  town  at  its  own  expense,  may  build  and  main- 
tain a  house  of  correction,  or  may  appropriate  in  part  or  in 
whole  any  work-house  owned  by  such  town  for  such  pur- 
pose ;  and  any  person  belonging  to  or  found  in  such  town, 
liable  to  be  sent  by  a  justice  of  the  peace  to  the  county 
house  of  correction,  may  be  sent  to  such  town  house  by 
any  justice  of  such  town,  and  by  the  like  process  ;  but 
the  provisions  of  this  section  shall  not  restrain  such  jus- 
tice from  committing  any  person  so  liable  to  the  county 
house  of  correction  ;  and  the  respondent  party  may  appeal 
as  in  other  cases. 

2.  The  selectmen  of  any  such  town  shall  annually 
appoint  three,  five,  or  seven  discreet  persons,  overseers 
of  such  house,  and  may  establish,  from  time  to  time,  such 
rules  and  orders  not  repugnant  to  law,  as  they  deem  nec- 
essary for  governing  and  furnishing  persons  lawfully 
committed  thereto. 

3.  When  any  work-house  is  so'  appropriated  for  a  house 
of  correction,  the  master  thereof  shall  be  master  of  the 
house  of  correction  ;  but  in  other  cases  the  overseers 
thereof  shall  appoint  a  suitable  master,  removable  at 
their  pleasure. 

4.  The  overseers  and  master  of  such  town  house  of 
correction  shall  have  such  compensation  for  their  services 
as  is  annually  voted  by  their  towns. 


HOUSE  OF  CORRECTION.  279 

5.  The  overseers,  from  time  to  time,  shall  examine  into  Duties  of  the 
the  prudential  concerns  and  management  of  such  house,    overseers. 
and  see  that  the  master  faithfully  discharges  his  duty.        ^^^'  ^  ^^' 

6.  Every  person  committed  to  such  town  house  of  cor-  Support  of  the 

rection  shall  be  supplied  by  the  keeper  with  a  suitable    p^^^*^®'^^ 

,1  /  ,  .  ,  Ibid.  §22. 

quantity  of  bread  and  water,  or  other  nourishment,  as 

the  overseers  order ;  and  all  expenses  incurred  for  com- 
mitment and  maintenance,  exceeding  the  earning  of  the 
person  confined,  shall  be  paid  by  the  parties  liable  for 
similar  charges  in  the  case  of  persons  committed  to  a 
county  house  of  correction. 

7.  The  overseers  of  any  such  town  house  of  correction 

•^  Powers  of 

may  commit  thereto,  for  a  term  not  exceeding  forty-eight   overseers  to 

hours,   any  person  publicly  appearing  intoxicated,  or  in    commit  per- 
any  manner  violating  the  public  peace,  when   the  safety  j^^^  523. 
of  the  person  intoxicated,  or  the  good  order  of  the  com- 
munity requires  it,  till  such  person   can  be   conveniently 
carried  before  a  magistrate  and  restrained  by  complaint 
and  warrant  in  the  usual  course  of  criminal  prosecutions. 

8.  The  form  of  the  order  for  commitment  may  be  in  Form  of  order 

,     .  «   n  forcommit- 

substance  as  follows  :  _^„. 

ment. 
.  To  A.  B,,  master  of  the  house  of  correction  mthe  town  of :  j^^^  g  24. 

You  are  hereby  required  to  receive  and  keep  C.  D.  in  said  house 

of  correction  for  the  term  of hours,  unless  sooner  disr 

charged  by  our  order. 

E.  F.,    \  Overseers  of  said  house 
G.  H.,  J  of  correction. 

And  any  sheriff,  deputy  sheriff,  constable  or  other 
person,  to  whom  such  order  is  given  by  said  overseers, 
shall  forthwith  apprehend  and  convey  such  person  to  said 
house  of  correction,  and  deliver  him  to  the  master, 
thereof  to  be  taken  and  kept  agreeably  to  the  order  ;  and 
shall  be  and  entitled  to  receive  from  the  town  such  fees 
for  service  and  travel  as  are  allowed  Tor  service  of  war- 
rants. 


17 


Industriar  Scliool, 


Statute. 

Under  what  conditions  girl  may  be  sent. 

Industrial  -^  parent  or  guardian  of  any  girl  between  the  ages  of 

Schoolgirl  seven  and  fifteen  years,  or  the  municipal  officers,  or  any 

to  by  munici-  three  respectable  inhabitants  of  any  city  or  town   where 

pal  officers,  she  may  be  found,  may  complain  in  writing  to  the  judge 

1879  c  87 

■ '  '    ■         of  probate  or  any  trial   justice  in  the  county,  or  to  the 

Amending  1878,   ^    /  •   •      i  v  +    ^        iu         -^ 

c.  141,  and  1873,  j^^^g©  of  the   municipal  or  police  court  for  the  city  or 
c.  ui.  town,  alleging  that  she  is  leading  an  idle  or  vicious  life, 

or  has  been  found  in  circumstances  of  manifest  danger  of 
falling  into  habits  of  vice  or  immorality,  and  request  that 
she  may  be  committed  to  the  guardianship  of  the  Maine 
Industrial  School  for  Girls.  The  judge  or  justice  shall 
appoint  a  time  and  place  of  hearing,  and  order  notice 
thereof  to  any  person  entitled  to  be  heard,  and  at  such 
time  and  place,  may  examine  into  the  truth  of  the  allega- 
tions of  said  complaint,  and  if  satisfactory  evidence 
thereof  is  adduced,  and  it  appears  that  the  welfare  of 
such  girl  requires  it,  he  may  order  her  to  be  committed 
to  the  custody  aiid  guardianship  of  the  officers  of  said 
school  during  her  minority,  unless  sooner  discharged  by 
process  of  law. 

1  See  act  1873,  c.  141,  for  full  provisions  about  this  school. 
Also  act  1878,  c.  141. 


Iniiholders  and  Victualers. 


Statutes. 


1.  Licenses  to  innholders  and  victualers,  when  and  by  whom 

granted. 

2.  Persons  licensed  to  give  bond ;  form  thereof. 

3.  Licenses  may  be  granted  for  a  part  of  the  year  in  certain 

cases. 

4.  Fee  for  license,  and  record  of  licenses. 

6.     Duty  of  innholders  to  provide  entertainment. 

6.  Duty  of  victualers. 

7.  Innholders  and  victualers  to  keep  up  signs  with  their  names 

and  employments. 

8.  Not  to  keep  instruments  of  gaming,  or  allow  any  gaming 

on  their  premises.     Penalty  for  gaming  in  said  premises. 

9.  Reveling,  disorderly  conduct  and  drunkenness  prohibited 

in  such  premises. 

10.  Penalty  for  being  a  common  innholder  or  victualer  without 

a  license. 

11.  Duty  of  licensing  board  to  prosecute  for  all  violations 

hereof.     Penalties,  how  recovered  and  appropriated. 

12.  Fire  escapes. 

13.  Liability  for  baggage. 

14.  "         ''        "  loss  by  fire. 

15.  "         '*        "  a     it   negligence  of  guest. 

1.  The  municipal  officers,  treasurer,  and  clerk  of  every  License  to 

town  shall  annually  meet  on  the  first  Monday  of  May,  or    ^^n-hoiders 
,.  -.  -,      .  -,  ,  and  victual- 

on  the  succeeding  day,  or  both,  and  at  such  time  and    lers,  when  and 

place  in  said  town  as  they  appoint  by  posting  up  notices    by  whom 

in  two  or  more  public  places  therein,  at  least  seven  days    ^^° 

.  ,  ^    \  "^      R.  S.,  1871,  c.  27, 

previously,  stating  the  purpose  of  the  meeting ;  and  at    §  i. 

such   meeting   may  license  under  their  hands   as   many  Licenses  may 

persons    of     good    moral    character,    and    under    such 

restrictions   and    regulations    as  they    deem    necessary, 

to  be  innholders  and  victualers  in  said  town,  until  the 

day  succeeding  the  first  Monday  in  May  of   the  next 


282 


INNHOLDERS,  ETC. 


Persons 
licensed  to 
give  bond ; 
form. 

Ibid.  §  2. 


following  year,  in  such  house  or  other  building,  as  the 
license  specifies.  And  at  any  meeting  notified  and  held 
as  above  named  they  may  revoke  licenses  so  granted  if 
in  their  opinion  there  is  suflftcient  cause  therefor. 

2.  No  person  shall  receive  his  license,  until  he  has 
given  his  bond  to  the  treasurer,  to  the  acceptance  of  the 
board  granting  it,  with  one  or  more  sureties,  in  the  penal 
sum  of  three  hundred  dollars,  in  substance  as  follows, 
viz  : 


'Know  all  men,  that  we, 


as  principal,  and 


1872,  c.  63. 


-,  treasurer  of 


Licenses  may- 
be granted  for 
a  part  of  the 
year. 

R.  S.  1871,  c.  27. 
§3. 

Fee  for  license, 
and  record  of 
.  all  licenses. 
Ibid.  §  4. 

Duty  of  inn- 
holders  to 
provide  enter- 
tainment. 

Ibid.  §  5. 


sureties, (are  holden  and  stand  firmly  bound  to  - 

the  town  of ,  in  tlie  sum  of  three  hundred  dollars,  to  be  paid 

to  him,  or  his  successor  in  said  office ;  to  the  payment  whereof  we 
bind  ourselves,  our  heirs,  executors,  and  adminstrators,  jointly 
and  severally  by  these  presents.     Sealed  with  our  seals.     Dated 

the day  of ,  in  the  year  18 .     The  condition  of  this 

obligation  is  such,  that  whereas  the  above  bounden has  been 

duly  licensed  as  a within  the  said  town  of ,  until  the 

day  succeeding  the  first  Monday  of  May  next ;  now  if  in  all 
respects,  he  conforms  to  the  provisions  of  the  law  relating  to 
the  business  for  which  he  is  licensed,  and  to  the  rules  and  regu- 
lations, as  provided  by  the  licensing  board  in  reference  thereto, 
and  shall  not  violate  any  law  of  this  State  relating  to  intoxi- 
cating liquors — then  this  obligation  shall  be  void,  otherwise 
remain  in  full  force." 

3.  The  licensing  board  may,  at  any  other  time,  at  a 
meeting  specially  called,  and  notified  as  aforesaid  for  the 
consideration  of  any  application  thei'efor  to  them  made, 
grant  such  license  on  the  like  conditions  ;  but  all  such 
licenses  shall  expire  on  the  day  aforesaid. 

4.  Every  person  licensed  shall  pay  to  the  treasurer, 
for  the  use  of  such  board,  one  dollar  ;  and  the  clerk  shall 
make  a  record  of  all  licenses  granted. 

5.  Every  innholder  shall,  at  all  times,  be  furnished 
with  suitable  provisions  and  lodging  for  strangers  and 
travelers,  and  with  stable  room,  hay,  and  provender  for 
their  horses  and  cattle  ;  and  with  pasturing,  if  required 
by  the  terms  of  his  license  ;    and  he  shall  grant  such 


reasonable    accommodations    as    occasion 
strangers,  travelers,  and  others. 


requires,    to 


ESTNHOLDERS,   ETC.  283 

6.  Every  victualeri  shall  have  all  the  rights  and  privi-  Duty  of 
leges  and  be  subject  to  all  the  duties  and  obligations  of    ^ctuaiers. 
an  innholder,  except  furnishing  lodging  for  travelers,  and  ^^**-§% 
stable  room,  hay,  or  provender  for  cattle. 

7.  Every   innholder  and  victualer  shall,  at  all  times,  innhoiders  and 
have  a  board  or  sign  affixed  to  his  house,  shop,  cellar,  or   victtiaiers  to 
store,  or  in  some  conspicuous  place  near  it,  with  his  name    ^^^P^P^Jgns. 
at  large  thereon,  and  the  employment  for  which  he  is 
licensed. 

8.  No  innholder  or  victualer  shall  have  or  keep  about  Not  to  allow 
his   house,  shop,   or  other  buildings,  yards,  gardens,  or  S^p^^^es. 
dependencies,  any  dice,  cards,  bowls,  billiards,  quoits,  or 

other  implements  used  in  gambling ;  or  suffer  any  person 
resorting  thither  to  use  or  exercise  any  of  said  games,  or 
any  other  unlawful  game  or  sport  therein ;  and   every  penalty 
person  who  shall  use  or  exercise  any  such  game  or  sport  ibid.  §  lo. 
in  any  place  herein  prohibited,  shall  forfeit  five  dollars. 

9.  No  innholder  or  victualer  shall  suffer  any  revelling,  ^r^ierh^colf; 
riotous,  or  disorderly  conduct  in  his  house,  shop,  or  other  eSss  pro^' 
dependencies  ;  nor  any  drunkenness  or  excess  therein.        iSid^'l  n**'* 

10.  No  person  shall  be  a  common  innholder  or  victualer  Penalty  for 
without  a  license,  under  a  penalty  of  not  more  than  fifty   moSnmhoWer 

/I  ^1 1 « ».«  or  victualei* 

dollars.  without  a 

11.  The  licensing  board  shall  prosecute  for  any  viola-  ibfd.'ti2- 

tions  of  this  chapter,  that  come  to  their  knowledge,  by  Duty  of  Ucens- 

complaint,  indictment,  or  action  of  debt,  in  any  court  of   ^g^oa^dto 

^  *'  prosecute, 

competent  jurisdiction  ;  and  all  penalties  recovered  shall  j^jj^j  §  13 

be  for  the  use  of  the  town  where  the  offence  is  committed. 

12.  Innhoiders  may  be  required  to  furnish  fire  escapes  i^^<i- §§  ^ and  7. 
and  ladders,  and  have  sixty  days*  notice  therefor. 

13.  Innhoiders  shall  be  not  liable  for  losses  sustained  1874,  c.  174. 
by  their  guests,  except  wearing  apparel,  articles  worn  or  ^w^JPyf^'J* 
carried  upon  the  person,  to  a  reasonable  amount,  personal   baggage, 
baggage,  and  money  necessary  for  traveling  expenses  and 
personal  use,  unless  upon  delivery,  or  offer  of  delivery, 

by  such  guests,  of  their  money,  jewelry,  or  other  property, 
to  the  innholder,  his  agent  or  servants,  for  safe  custody. ^ 

1  Crosby  v.  Snow,  16  Maine,  121 ;  State  v.  Lamos,  26  Maine,  258. 

>  Commonwealth  v.  Arnold,  4  Pick,,  251. 

3  Shaw  r.  Berry,  31  Maine,  478;  Norcross  r.  Norcross,  53  Maine,  163. 


284 


INNHOLDEKS,  ETC. 


JLoss  by  fire. 


Loss  by  negli- 
gence of 

guests. 


14.  In  case  of  loss  by  fire,  innholders  shall  be  answer- 
able to  their  guests  only  for  ordinary  and  reasonable  care 
in  the  custody  of  their  baggage  or  other  property. 

15.  An  innholder  against  whom  a  claim  is  made  for 
loss  sustained  by  a  guest,  may  in  all  cases,  show  that 
such  loss  is  attributable  to  the  negligence  of  the  guest 
himself  or  to  his  noncompliance  with  the  regulations  of 
the  inn ;  provided,  such  regulations  are  reasonable  and 
proper  and  are  shown  to  have  been  brought  to  the  notice 
of  the  guest. 


For  lien  of  see  Title  "  Fire  Depaktment." 

innholders  Description  of  marks  of  soda  water  and  ginger  beer  manufacturers  to  be 

see  R.  S.,  1871'  flied  in  clerk's  office. 
c.  91,  §  38,  and  gee  act  1874,  c.  249. 
laws  1876,  c.  99. 


\ 


Intelligence  Offices, 


Statutes. 


1.  Municipal  officers  may  license. 

2.  Penalties  how  recovered. 

1.  The  municipal  officers  of  any  town  may,  upon  pay- 

»  ,„  ,  ,.  .11  Municipal 

ment  of  one  dollar  each,  grant  licenses  to  suitable  persons    officers  may 

for  one  year,  unless  sooner  revoked  after  notice  and  for    license  intern - 
cause,  to  keep  offices  for  the  purpose  of  obtaining  employ- 
ment for  domestics,  servants,  or  other  laborers,  except 
seamen,  or  of  giving  information  relating  thereto,  or  of 
doing  the  usual  business  of  intelligence  offices ;  and  no  penalty, 
person  shall  keep  such  an  office,  without  a  license,  under 

1  f         rtt>        t    tt  f  t        '     '  R.  S.,  1871|C.  35, 

a  penalty  not  exceedmg  fifty  dollars  for  every  day  it  is  so   §  e. 
kept. 

2.  The  penalty  provided  in  this  chapter  may  be  recovered  penalties,  how 

by  complaint  or  indictment,  in  any  court  of  competent  juris-  recovered  an  d 

appropriated. 

diction,  for  the  use  of  the  State,  when  not  otherwise  appro-  ^.^    ^ 

.    ,     ,  iDld.  §  7. 

pnated. 


Jurors. 


Statutes. 


1.  Board  for  preparing  lists  of  jurors;    towns  may  make 

alterations. 

2.  How  the  lists  are  to  be  prepared. 

3.  Persons  exempted  from  serving. 

4.  Tickets  of  names  to  be  kept  in  jury  box;  liable  to  be 

drawn  once  in  tbree  years, 

5.  Number  required  to  be  kept  in  jury  box ;  names  may  be 

withdrawn  in  certain  cases. 

6.  Commissioners  to  divide  the  county  into  jury  districts,  and 

furnish  copy  of  division  to  clerk ;    how  divided  and 
numbered. 

7.  Rule  by  which  the  clerk  shall  issue  venires. 

8.  Grand  jurors  to  serve  on^  year;  venires  for  such  to  issue 

forty  days  before  second  Monday  of  September  annually. 

9.  Grand  and  traverse  jurors  to  attend  on  the  first  day  of  the 

term,  unless  at  a  previous  term,  the  court  designates  a 
different  day. 

10.  Distribution  of  venires,  and  notice  of  meetings  to  draw 

jurors,  &c. 

11,  12,  13.     Mode  of  drawing    jurors;  date  of  draft    to    be 

indorsed  on  the  ticket. 

14.  Constables  to  notify  jurors,  and  return  venires. 

15.  Penalty  for  neglect  of  municipal  oflicers  or  clerk. 

16.  Penalty  for  neglect  of  constable  or  town. 

17.  Penalty  for  neglect  of  juror  to  attend. 

18.  Penalty  for  fraud  by  town  clerk  or  municipal  officer. 

Board  for  pre-       1.  The  municipal  officers,  treasurer,  and  clerk  of  each 

^i^"rf  &T°*  town   constitute  a  board  for  preparing  lists  of  jurors  to 

R.  s.,  1871,        he  laid  before  the  town  for  their  approval ;  and  the  town, 

c.  106,  §  1.        in  legal  town   meeting,  by  a  majority  of  the  legal  voters 

assembled,  may  strike  out   such    names  as  they  think 

proper  from  such  lists,  but  shall  not  insert  any  other 

names. 


JURORS.  287 

2.  Such  board,  at  least  once  in  everyi  three  years,  shall  HowUsts  are 
prepare  a  list  of  persons,  under  the  age  of  seventy  years,    to  be  prepared 

r«    1    *  •  J    •  •  u  1-  I  Ibid.  §2.  as 

qualified  to  serve  as  jurors ;  and  in  preparing  such  list  amended  by 
they  shall  take  the  names  of  such  persons  only  as  are  of  1878,  c.  4. 
good  moral  character,  of  approved  integrity,  of  sound 
judgment  and  well  informed,  and  qualified  as  the  consti- 
tution directs  to  vote  for  representatives  in  such  town. 
"When  a  new  list  is  made,  the  municipal  offices  shall 
transfer  from  the  old  tickets  to  the  new,  of  the  same 
persons,  the  minutes  of  the  draft  made  within  the  three 
preceding  years. 

3.  The  following  persons  shall  be  exempted  from  serv-  Persons ex- 
ing  as  jurors,  and  their  names  shall  not  be  placed  on  the    g^ing.  ^™ 
lists  :  the  governor,  councillors,  judges,  and  clerks  of  the  R.  s.,i87i,c. 
common  law  courts,  secretary  and  treasurer  of  the  State,    ^^'§^- 

all  officers  of  the  United  States,  judges  and  registers  of 
probate,  registers  of  deeds,  settled  ministers  of  the  gos- 
X^el,  officers  of  colleges,  preceptors  of  incorporated  acad- 
emies, physicians  and  surgeons,  cashiers  of  incorporated 
banks,  sheriffs  and  their  deputies,  coroners,  counsellors 
and  attorneys  at  law,  county  commissioners,  constables, 
and  constant  ferrymen.  Enginemen  shall  be  excused 
unless  towns  otherwise  decide.  [See  title  "Fire  Depart- 
ment."] 

4.  After^  the  list  of  jurors  is  approved  by  the  town,  the  Tickets  of 
board  shall  write  their  names  upon  tickets,  and  place  them   ^eptin  jury 
in  the  jury  box,  to  be  kept   by  the  town  clerk ;  and  the   box.,  &c. 
persons  whose  names  are  in  the  box  shall  be  liable  to  be  ^^^-  5  *• 
drawn   and  to  serve  on  any  jury,  at  any  court  for  which 

they  are  drawn,  once  in  every  three  years  and  not  oftener, 
except  as  herein  provided. 

5.  Each  town  shall  provide,  and  constantly  keep  in  the  ^nii™berre- 

'       ,       ,  ,  .      ,      quired  to  be 

box,  a  number  of  names  ready  to  be  drawn  when  required,    ^ept  in  jury 

not  less  than  one,  nor  more  than  two  for  every  hundred    box  &c. 

persons  in  the  town,  according  to  the  census  taken  next  ibid.  §5. 

before  preparing  the  box ;  and  the  board  shall  withdraw 

1  The  fact  that  a  juryman  is  over  the  exempted  age  la  not  reason  for 
Invalidating  a  verdict,  Monroe  v.  Brigham,  19  Pick.,  368. 

*  A  county  is  not  chargeable  in  trustee  process  for  compensation  of  a 
juror,  ordered  to  be  paid  from  county  treasury.  Williams  r.  Boardman,  9 
Allen,  570.J 


288 


JUKORS. 


Commissioners 
to  divide  the 
county  into 
jury  districts, 
&c. 

Ibid.  §  6. 


Rule  by  which 
the  clerk  shall 
issue  venires. 

Ibid.  §  7. 


Venires. 
Grand  jurors 

to  serve  one 

year,  &c. 
Ibid.  §  8. 

See  also  R.  S., 
c.  82,  §  71. 


Jurors  to 
attend  on  the 
first  day  of 
the  term,  &c. 

R.S.,1871,c. 
106,§  15. 

Venires,  duties 
of  sheriffs  in 
relation  to  dis- 
tribution of. 

Constable  shall 
notify  inhab- 
itants, &c. 

Ibid.  §  9. 


from  it  the  name  of  any  person  convicted  of  any  scanda- 
lous crime,  or  guilty  of  any  gross  immorality. 

6.  Within  one  year  after  every  new  census,  and  oftener 
if  a  considerable  change  of  population  renders  it  proper, 
the  county  commissioners  shall  divide  their  county  into 
not  less  than  four,  nor  more  than  twelve  districts  numeri- 
cally designated  ;  and  they  shall  place  as  many  adjoining 
towns  in  each  district,  as  will  make  the  number  of  inhab- 
itants in  each,  according  to  the  last  census,  as  nearly 
equal  as  may  be,  without  dividing  a  town ;  and  shall 
deliver  a  copy  of  such  division  immediately  to  the  clerk 
of  the  courts  in  their  county. 

7.  The  grand  and  traverse  jurors  shall  be  drawn  from 
each  jury  district  in  such  manner  as  to  cause  jurors,  at 
each  term  of  the  court,  to  come  from  every  part  of  the 
county  as  equally  as  may  be,  and,  as  far  as  practicable, 
from  every  town  in  rotation,  having  regard  to  the  number 
of  its  inhabitants,  taking  not  more  than  two  grand  jurors 
and  two  traverse  jurors  from  the  same  town  at  the  same 
time,  unless  from  necessity,  or  some  extraordinary  cause, 
or  to  equalize  the  service ;  and  the  clerk  of  the  courts 
shall  issue  venires  to  the  constables  accordingly. 

8.  Venires  for  grand  jurors,  to  serve  at  the  supreme 
judicial  court,  shall  be  issued  as  least  forty  days  before 
the  second  Monday  of  September  annually ;  and  they 
shall  serve  at  every  term  of  said  court  for  the  transaction 
of  criminal  business  during  the  year.  Venires  for  traverse 
jurors  shall  be  seasonably  issued  before  each  term  of  the 
court,  and  at  such  other  times  as  the  court  orders. 

9.  The  grand  and  traverse  jurors  shall  attend  on  the 
first  day  of  the  term  for  which  they  are  drawn  and  sum- 
moned ;  unless  the  court  at  a  previous  term  has  designated 
a  different  day  ;  and  if  so,  the  venire  shall  specify  the  day 
on  which  the  jurors  shall  attend. 

10.  The  sheriff  on  receiving  such  venires  for  jurors 
shall  immediately  send  them  to  the  constables  of  the 
towns  where  'directed,  and  each  constable  on  receipt 
thereof  shall  notify  the  inhabitants  of  the  town,  quali- 
fied to  vote  for  representatives,  and  especialy  the  municipal 
oflacers  and  town  clerk,  by  posting  notices  in  two  public 


JURORS.  289 

and  conspicuous  places  in  said  town  at  least  four  days  —notice,  how 
before  such  meeting,  to  assemble  and  be  present  at  the   s^^^^- 
draft  of  the  jurors  called  for ;  which  shall  be  six  days  at 
least  before  the  time  when  the  jurors  are  ordered  to  attend 
court. 

11.  The   town   clerk,   or,  in  his  absence,  one  of  the  „  ^    ,^ 

'  '  Mode  of  draw- 

municipal  officers,  shall  carry  the  juror  box  into  the  meet-   ing  jurors,  &c. 

ing,  which  shall  there  be  unlocked,  and  the  tickets  mixed  ^-  ^''  ^-  ^^» 

by  a  majority  of  said  officers  present ;  and  one  of  them 

shall  draw  out  as  many  tickets  as  there  are  jurors,  and 

the  persons  whose  names  are  drawn  shall  be  returned  as 

jurors  unless  they  have  served  on  the   jury  within  three 

years,  or  from  sickness,  absence  beyond  sea,  without  the 

limits,  or  in  distant  parts  of  the  State,  they  are  considered 

by  the  town  unable  to  attend. 

12.  In  either  of  said  cases,  or  if  a  person  is  drawn  who  g^^^  gubect 
has   been   appointed   to   an  office  exempting  him  from  itid.  §12. 
serving,  others  shall  be  drawn  in  their  stead ;  but  any 

person  thus  excused,  or  returned  and  attending  court, 
and  there  excused,  shall  not  be  excused  on  another 
draft,  though  within  three  years ;  and  when  all  the  per- 
sons whose  names  are  in  the  box,  have  served  within  three 
years,  or  are  not  liable  to  serve,  the  selectmen  shall  draw 
out  the  required  number  of  those  who  have  not  served  for 
eighteen  months ;  and  the  clerk  shall  certify  on  the 
venire,  that  all  persons  whose  names  are  in  the  box 
have  served  within  three  years,  or  are  not  liable  to 
serve. 

13.  When  a  juror  is  drawn  and  not  excused  by  the  ^    ^ 

•*  .        .  1  „  Date  of  draft  to 

town,  the  municipal  officers  who  drew  his  ticket  shall    be  indorsed  on 

indorse  thereon  the  date  of  the  draft  and  return  it  into    ^^  ^^^®'' 
.,      ,  Ibid.  §13. 

the  box. 

14.  The  constable  shall  notify  the  persons  thus  drawn 

^  ,       Constables  to 

four  days  at  least  before  the  sitting   of  the   court,  by    notify  jurors, 

reading  the  venire  and  indorsement  thereon  to  them,  or   and  return 

leaving  at  their  usual  place  of  abode  a  written  notice  g  Qreeni.,  333. 

that  they  have  been  drawn,  and  of  the  time  and  place  of  ibid.  §  14. 

the  sitting  of   the  court  where  they  are  to  attend  ;  and 

make  a  seasonable  return  of  the  venire  with  his  doings 

thereon. 


290 


JURORS. 


Penalty  for 

neglect  of 

officers. 
Ibid.  §  16. 

Penalty  for 
neglect  of 
constable  or 
town. 

Ibid.  §  17. 

Penalty  for 
neglect  of 
juror  to  attend. 
Ibid.  §  19. 


Penalty  for 
fraud  by  town 
officers. 

Ibid.  §  20. 


15.  If  the  municipal  officers  or  town  clerk  neglect  to 
perform  their  duties  herein  required,  so  that  the  jurors 
called  for  from  their  town  are  not  returned,  they  shall  be 
fined  not  less  than  ten,  nor  more  than  fifty  dollars  each. 

16.  Any  constable,  neglecting  to  perform  his  duties 
herein  required,  shall  be  fined  not  exceeding  twenty  dol- 
lars ;  and  any  town  for  a  like  neglect  of  its  duties  shall 
be  fined  not  exceeding   one  hundred  dollars. 

17.  Any  juror  who,  after  being  notified  and  returned, 
unnecessarily  fails  in  his  attendance,  shall  be  fined  as  for 
contempt,  not  exceeding  twenty  dollars,  unless  he  resides 
in  Portland,  and  then  not  exceeding  forty  dollars. 

18.  Any  town  clerk  or  municipal  officer,  who  commits 
a  fraud  on  the  box  previous  to  the  draft,  in  drawing  a 
juror  or  in  returning  a  name  into  the  box,  which  had  been 
fairly  drawn  and  drawing  another  in  its  stead,  or  in  any 
other  mode,  shall  be  fined  not  exceeding  two  hundred 
dollars,  half  to  the  use  of  the  State  and  half  to  the  pros- 
ecutor. 


Lamps  and  Lamp  Posts, 


Statute. 
Injuries  to  lamps  and  lamp  posts. 
Ordinances. 

1.  Committee  on  lamps  and  lamp  posts  to  be  appointed.     To 

cause  lamps  to  be  set  up  at  corners  of  streets. 

2.  Mayor  and  aldermen  to  make  contracts,  roles  and  regula- 

tions. 

3.  Lighting  and  extinguishing  lamps  forbidden. 

4.  Trees  and  lamp  posts  legally  established. 
6.        ♦'      "        *'        ".         •♦       located,  how. 

6.  "      *♦         •*        ***         "  "      when. 

7.  ''      "        "        ««     Record. 

Statute. 

"Whoereri  willfully  and  maliciously  removes,  defaces,  injuries  to 
or  injures  any  lamp,  or  lamp  post,  or  extinguishes  any    montunents, 
lamp  on  any  bridge,  street,  way,  or  passage,  shall  be    ^pg  ^j., 
punished  by  imprisoument  less  than  one  year,  and  by  fine  R.s.,i8n,c. 
not  exceeding  one  hundred  dollars.  127,  §i4. 

Ordinances. 

1.  There  shall  be  appointed  in  the  month  of  March,  see  Trees, 
annually,  a  joint  committee  of  the  city' council,  to  be  ^i^^*^Y° 
called  the  committee  on  lamps  and  lamp  posts,  to  con-    i^™?  P^^^ts  to 
sist   of  one   member   of  the   board   of  mayor   and  Rev.  om.,  W 
aldermen,  and  three  members  of  the  common  council,  to  cause  lamps 
and  said  committee   shall  cause  to  be   set   up  and 
affixed  lamps  at  the  comers  of  such  streets  in  the  city 
as  they  may  determine  to  be  convenient  and  necessary. 

2.  The  mayor  and  aldermen  of  the  city,  are  here-    aldermen  to 
by  authorized  and  empowered  to  make  all  necessary   °**^®  ^^■ 

,  11.  .  tracts,  rules 

contracts,  rules,  orders,  and  regulations  respecting   andreguia- 

»  See  act  isn,  c.  178;  1872,  c  2. 


292  LAMPS  AND  LAMP  POSTS. 


Ibid. 


the  said   lamps,  and  the  lighting  and   keeping   the 

same  in  repair,  and  the  regulation  and  preservation 

of  the  same,  as  they  may  deem  most  for  the  benefit 

of  said  city. 

No  person,  3,  j^q  person,  without  authority  of  the  municipal 

authority shau  officers,  or  from  the  Gas  Light  Company,  shall  light 

eltin^ish       ^^  extinguish  any  street  lamp,  under  a   penalty  not 

lamp.  less  than  five  dollars,  nor  more  than  ten  dollars  for 

orrS^Mi.     eachofi"ense. 

1870.  4.  All  trees,  lamp  posts,  posts  and  hydrants,  now 

Aifi^Tposts!  pla-ced  and  being  within  the  limits  of  the  streets  of 
&c.  the  city,  are  hereby  declared  to  be  and  shall  be  taken 

4^vpTi  for 

legally  estab-   ^^  ^^  legally  established  and  located. 

lished.  5.  Lamp  posts,  and  posts  for  protecting  them,  may 

^  oTtsTc  may  ^®  locatcd  withiu  the  limits  of  any  street  of  the  city, 

be  legally  by  the  joiiit  Committee  of  the  city  council  on  lamps 
ibir  ^^^  lamp  posts  under  existing  ordinances,  or  by  direc- 

tion of  the  city  council. 

6.  Any  tree,  lamp  post,  post  or  hydrant,  or  any 
post  for  the  protection  of  the  same,  shall  be  taken  to 

When  any  tree,  ]^e  leo^allv  established  within  the  limits  of  any  street 

&c.  shall  be  ^    ,         .  ,  .     1        ,  -.  -,    1  •      , 

taken  as  le-      01  the  City,  whcu  it  has  bccu  located  therein  by  order 
gaily  located.    ^^  ^^^^   approval  of  the  mayor,  or  joint  standing 

committee  on   streets,   sidewalks,    and  bridges,    or 

street  commissioner. 

7.  When  an  order  is  given,  under  the  provisions  of 
Record.  ^^^^^  Ordinance,  it  shall  be  recorded  by  the  city  clerk 
lud.              in  a  book  provided  for  that  purpose  and  kept  in  his 

office. 


Leather. 


statutes. 


1.  Manufacturer  may  stamp  his  name  on  leather,  &c. 

2.  Inspectors  of  sole  leather ;  their  appointment ;  fees. 

3.  Mode  of  inspecting  and  stamping. 

4.  Taxes. 

Ordinance. 

Hides  not  to  be  exposed  in  street. 
Statutes. 

1.  Every  manufacturer  of  leather,   and  of  boots   and 

shoes,  of  any  description,  shall  have  the  exclusive  right   oMeather'^^ 
of  stamping  them  with  the  initials  of  his  christian,  and   boots  and 
the  whole  of  his  surname ;  and  such  stamping  shall  be    ^^^^^  ™^J 
considered  a  warranty  that  the   article  is   merchantable,    name  thereon, 
and  well   made   of  good   materials ;  and   if  any  person    *^' 

°  '  *^    ^  R.  S.,  1871,  C.  39. 

fraudulently  stamps  any  such  articles  with  the  name  or   §  25. 
stamp  of  any  other  person,  he  shall  be   punished  by  a 
fine  not  exceeding  twenty  dollars,  or  imprisonment  not 
exceedmg  six  months. 

2.  The    municipal  officers    of   each   town,  when  they  Appointment, 

deem  it  expedient,  may  appoint   one  or  more    suitable   oath,  duties 
./       1  i  and  fees  of 

inspectors  of  sole  leather,  who  shall  be  duly  sworn,  and   inspectors  of 
receive  such  fees  from   their   employer,  as  said  officers    sole  leather, 
establish ;  and  when  paid  by  the  seller,  to  be  repaid  to  ^^^^^-  §  ^■ 
him  by  the  buyer ;  and  when  requested,  shall  go  to  any 
place  in  their  town  to  inspect  any  sides  of  sole  leather, 
which  had  not  been  inspected   according  to  law  in  this 
State. 

3.  Each  inspector  shall  provide  himself  with  a  proper  Mode  of  in- 
apparatus,  with  which  he  shall  weigh  and  stamp  every    specting  and 

.,         ^         ,      ,        ,  .  ,   ,        ,  .  .  .       ,  .    ,        stamping  sole 

Side  or    sole  leather  inspected  by  him,  with  the  weight    leather,  &c. 
thereof,  his  surname,  and  the  name  of  his  town  ;  and  on  ibid.  §27. 
all  sole  leather  made  of  good  hides,  and  in  the  best  man- 
ner, the  word,  "best,"  shall  be  stamped  ;  on  all  made  of 


294  LEATHEE. , 

For  provisions  such  Mdes  in  a  merchantable  manner,  the  word,  "good  ;" 
relating  to  and  on  all  other,  the  words,  "second,"  or  "third  quality," 
hides  and  "damaged"  or  "bad,"  according  to  the  fact ;  and  if  any 
leather,  person  counterfeits,  alters  or  defaces  such  mark,  he  shall 

c  38,  §34.  '  forfeit  twenty  dollars  for  each  offense,  half  to  the  town 
and  half  to  the  person  suing  therefor. 

Assessors  to  he  4.  All  persons  engaged  in  the  business  of  tanning 
furnished        leather  in  this  State,  shall,  on  or  before  the  first  day  of 

with  account         »         m    •  i.  n  •    ^      j.       l.^  ^    U.1  -i 

of  hides  and  -^P^^^  ^^  ^^^^  jear,  furnish  to  the  assessors  of  the  city, 
leather  on  town  or  plantation  where  such  persons  are  carrying  on 
tax^'ion^  Said  business,  a  full  account,  on  oath,  of  all  hides  and 
1872,  c. 23.  leather  on  hand  received  by  them  from  without  the  State, 
'S)^^^*^  ^^^^'  ^  ^^^  ^^^^  ^^^  hides  and  leather  on  hand  from  beasts  slaugh- 
tered in  this  State,  which  last  named  hides  and  leather 
shall  be  taxed  in  the  town  where  tanned. 

Ordinance. 

Nqi  person  shall  hang  or  spread,  or  expose  in  any 

Hides  or  street,  lane,  alley,  court  or  public  place,  any  raw, 

bTexp'ijsedki  dried,  tanned,    or  dressed   skins,  hides  or  leather, 

streets.  under  a  penalty  of  not  less  than  three  nor  more  than 

Kev.Ord.1868.    ^^^  j^^^j.^  f^^,  ^^^^l  offeUSe. 

1  See  "Health." 


Libraries. 


Statutes. 


1.  Towns  may  establish  libraries,  and  raise  money  therefor. 

2.  Towns  may  receive  donations  therefor. 

3.  Penalty  for  defacing  books  and  pictures. 

1 .  Any  town  is  authorized  to  establish  and  maintain  a 

Towns  may 
public  library  therein,  for  the  use  of  the  inhabitants,  and    estabUsh  pub- 
provide  suitable  rooms  therefor,  under  such  regulations    ^^c  Ubraries. 
for  its  government  as  the  inhabitants  from  time  to  time    55,69. 
prescribe ;    and    appropriate,   for    the    foundation    and 
commencement   of    such   library,  a  sum  not   exceeding  May  raise 
one   dollar,  and  for  its  maintenance   and   increase   an-    °^°°®y    ^^' 

'  for. 

nually,  a  sum  not  exceeding  twenty-five  cents,  for  each  Yb^^ 
of  its  ratable  polls  in  the  year  next  preceding. 

2.  Any  town  may  receive,  in  its  corporate  capacity,  and  May  receive 
hold  and  manage,  any-  devise,  bequest,  or  donation,  for   ^onattons^or 
the  establishment,  increase,  or  maintenance  of   a  public    that  purpose, 
library  therein.  iwd.  §  10. 

3.  Whosoever  wantonly  mars,  defaces  Of  injures  any 
book,  picture,  statue  or  painting  belonging  to  any  public   defacing 
library,  or  library  of  any  association  opened  to  the  pub-    books  and 
lie,  in  this  state,  shall  be  punished  by  a  fine  not  exceeding 
ten  dollars,  to  be  recovered  before  any  court  competent  to 
try  the  same. 


18 


pictures. 
1877,  c.  161. 


Lumber. 


Statutes.  \ 

1.  Towns  to  elect  surveyors  of  boards,  plank,  timber,  joist, 

shingles,  clapboards,  staves,  hoops,  and  cullers  of  staves 
and  hoops.  Municipal  oflicers  may  appoint  surveyors  of 
logs.     All  to  be  sworn. 

2.  All  boards,  plank,  timber  and  joist  to  be  surveyed  before 

delivery  on  sale.  Mode  of  measuring  and  marking  same, 
and  allowances.  What  kind  of  pine  boards  are  mer- 
chantable, and  what  may  be  shipped  out  of  the  United 
States. 

SHINGLES  AND  CLAPBOARDS. 

3.  Dimensions  and  quality  of  shingles  Nos.  ] ,  2,  and  3. 

4.  How  shingles  shall  be  split  or  sawed  and  packed.     Forfeit- 

ure of  shingles  if  deficiency  of  five  in  any  bundle  of 
No.  1,  or  if  ofiered  for  sale  before  they  are  surveyed  and 
branded. 

5.  Dimensions  and  quality  of  clapboards. 

STAVES  AND   HOOPS. 

6.  Dimensions  and  quality  of  staves,  and  how  enumerated. 

7.  Dimensions  and  quality  of  hogshead  hoops ;  how  packed 

and  enumerated ;  and  forfeiture  of  deficient  bundles. 

8.  Not  to  be  ofi'ered  for  sale,  before  surveyed  and  branded  and 

certificate  given,  under  a  penalty.  Forfeiture  for  mas- 
ter of  vessel  unlawfully  exporting  same,  for  first  and 
second  ofience,  and  appropriation  thereof. 

9.  Master  or  owner  to  produce  surveyor's  certificate  before 

clearance,  and  aflid^vit  thereto. 

10.  Penalty  of  surveyor  or  culler  to  neglect  or  refuse  oath  of 

office,  and  for  neglecting  or  practicing  fraud  in  his 
official  duties. 

11.  Penalty  and  forfeitures,  how  recovered. 

LOGS. 

12.  Duty  of  surveyors  of  logs. 
Towns  to  elect 

surveyors  of        1-  Every  to WD,  at  its  annual  meeting,  shall  elect  one 

lumber.  or  more  surveyors  of  boards,  plank,  timber,  and  joist ; 

41  §14   '  ^      ^^^  ^^  more  surveyors  of  shingles,  clapboards,  staves  and 


LUMBER.  297 

hoops ;  and  every  town  containing  a  port  of  delivery, 
whence  staves  and  hoops  are  usually  exported,  shall 
also  elect  two  or  more  viewers  and  cullers  of  staves  and 
hoops ;  and  the  municipal  oflScers  or  any  town  may,  if 
they  deem  it  necessary,  appoint  not  exceeding  seven 
surveyors  of  logs,  and  all  of  said  oflBcers  shall  be  duly 
sworn. 

2.  All  boards,  plank,  timber,  and  joist,  offered   for  Lumber  to  be 
sale,  shall,  before   delivery,  be   surveyed    by   a   sworn    surveyed  be- 
surveyor  thereof,  and  if  he  have  doubts  of  the  dimen-    ^^^^  <^e"^ery. 
sions,  he  shall  measure  the  same,  and  mark  the  contents 
thereon,  making  reasonable  allowance  for  rots,  knots,  and 

splits,  drying  and  shrinking ;  pine  boards  three-fourths 
of  an  inch  thick  when  fully  seasoned,  and  in  that 
proportion  when  partly  seasoned,  shall  be  considered 
merchantable ;  and  no  pine  boards,  except  sheathing 
boards,  shall  be  shipped  for  exportation  beyond  the 
United  States,  but  such  as  are  square  edged,  not  less 
than  seven-eighths  of  an  inch  thick,  nor  less  than  ten  feet 
long,  under  penalty  of  being  forfeited  to  the  town  whence 
shipped. 

SHINGLES   AND    CLAPBOARDS. 

3.  All  shingles,    packed  for    exportation   beyond  the 

State,  shall   be   sixteen  inches   long,   free   from  shakes    andquauty 
and  worm  holes,  and  at  least  three-eighths  of   an   inch    o/ shingles 
thick  at  the  butt  end  when  green,  and  if   of   pine,  free  j^j^j  c'lg 
from  sap.     They  shall  be  four  inches  wide  on  an  average, 
not  less  than  three  inches  wide  in  any  part,  hold  their 
width   three  fourths  of    the   way  to  the  thin  end,  well 
shaved  or  sawed,  and  be  denominated  number  one ;  but 
shingles  intended  for  sale  within  this  State,  if  of  inferior 
quality   or  of    less   dimensions,  may   be   surveyed   and 
classed  accordingly,"  under  the  denominations  of  number 
two,  and  number  three. 

4.  All  shinsfles   shall  be  split  or  sawed  crosswise  the  „      , ,    , 

^  ^  How  shingles 

grain;  each  bundle  shall  contain  two  hundred  and   fifty    shau  be  split, 

or  sawed  and 
packed,  Ac. 


shingles,  and  if  in  square  bundles,  twenty-five  courses, 
and  be  twenty -two  inches  and  a  half  at  the  lay  ;  and  when 
packed  to  be  surveyed  as  nimiber  one,  or  for  exportation. 


Ibid.  §  17. 


;298  LUMBER. 

'  if  in  any  bundle  there  are  five  shingles  deficient  in  the 

proper  dimensions,  soundness  or  number,  to  make  two 

hundred    and    fifty  merchantable   shingles ;    or   if    any 

shingles  are  offered  for  sale,   before  they  are  surveyed 

and  measured  by  a  sworn  surveyor  of  some  town  in  the 

county  where  made,  and  the  quality  branded  on  the  hoop 

or  band  of  the  bundle,  unless  the  parties  otherwise  agree, 

they  shall  be  forfeited  to  the  town  where  the  offense  is 

committed. 

Dimensions  ^'  ^^^  clapboards,  exposed  to  sale  or  packed  for  expor- 

and  quality  of  tation,  shall  be  made  of  good  sound  timber,  free  from 

clapboards,      gi^akes  ^i^j  ^orm  holes,  and  if  of  pine,  clear  of  sap  ;  and 

they  shall  be  at  least  five-eighths  of  an  inch  thick  on  the 

back  or  thickest  part,  five  inches  wide  and  four  feet  six 

inches  long,  and  straight  and  well  shaved  or  sawed. 

STAVES    AND    HOOPS. 

6.  Staves  packed  for  sale  or  exportation  shall  be  well 
Dimensions 

and  quality  of  and   proportionably   split,  and  of  the  following   dimen- 
staves.and        sions,  viz.  : 
how  GnuiHcr* 

ated.  White  oak  butt  staves,  at  least  five  feet  in  length,  five 

Ibid.  §19.  inches  wide,  and  one  inch  and  a  quarter  thick  on  the 

heart  or  thinnest  edge,  and  every  part  thereof  ; 

White  oak  pipe  staves  shall  be  at  least  four  feet  and 
eight  inches  in  length,  four  inches  broad  in  the  narrowest 
part,  and  not  less  than  three-quarters  of  an  inch  thick  on 
,  the  heart  or  thinnest  edge  ; 

White  or  red  oak  hogshead  staves  shall  be  at  least  forty- 
two  inches  long,  and  not  less  than  half  an  inch  thick  on 
the  least  or  thinnest  edge  ; 

White  or  red  oak  barrel  staves  for  a  market  out  of  the 
United  States,  shall  be  thirty-two  inches  long  ;  if  for  use 
within  the  United  States,  thirty  inches  long ;  and  in 
either  case  half  an  inch  thick  on  the  heart  or  thinnest 
edge ; 

All  white  or  red  oak  hogshead  or  barrel  staves  shall  be 

at  least,  one  with  another,  four  inches  in  breadth,  and  no 

one  less  than  three  inches  in  breadth  in  the  narrowest 

part ;  and  those  of  the  breadth  last  mentioned   shall  be 

..clear  of  sap  ;  and  two  staves  shall  be  sold  as  one  cast ; 


LUMBER.  299 

fifty  casts,  one  hundred  staves ;  and  ten  hundred,  one 
thousand. 

7.  All  hogshead  hoops,  exposed  for  sale,  or  packed  for  Dimensions 
exportation,  shall  be  from  ten  to  thirteen  feet  in  length,    and  quality  of 
and  of  oak,  ash  or  walnut,  and  of  good  and  suflScient   hoops;  how 
substance,  well  shaved  ;  if  of  oak  or  ash,  at  least  one  inch    packed,  &c. 
broad,  and,  if  of  walnut,  three-quarters  of  an  inch  at  the  ^^^-  ^  ^' 
least   end ;    the  different  lengths  shall  be  made   up   in 

bundles  by  themselves ;  each  bundle  shall  contain 
twenty-five  hoops,  four  bundles  make  one  hundred, 
and  ten  hundred,  one  thousand ;  and  every  bundle, 
packed  for  sale  or  exportation,  found  to  be  deficient  in 
number  or  dimensions,  shall  be  forfeited  to  the  use  of 
the  town  where  exhibited. 

8.  No  person  shall  deliver  on  sale,  or  ship  or  attempt  The  articles 
to  ship  for  exportation,  any  boards,  plank,  timber,  joists,    named,  not  to 
shingles,  clapboards,  staves,  or  hoops,  before  they  have    be  offered  for 

goiA   Ac 

been  surveyed,  measured,  viewed  or  culled,  as  the  case  n)id.*§2i! 
may  be,  and  branded  by  the  proper  oflBcer,  and  a  certifi- 
cate thereof  given  by  him  specifying  the  number,  quality 
and  quantity  thereof,  under  a  penalty  of  two  dollars  a 
thousand,  by  quantity  or  tale,  as  such  article  is  usually 
sold,  one-half  to  the  town  where  the  offense  is  committed, 
and  the  other  to  the  prosecutor  ;  and  in  addition  thereto, 
the  master  or  owntr  of  any  vessel,  exporting  any  of  the 
articles  aforesaid  beyond  the  limits  of  the  United  States 
contrary  to  law,  shall  for  the  first  offense  forfeit  two  hun- 
dred dollars  for  the  use  of  the  town  whence  said  articles 
are  exported  ;  and  if  after  conviction  he  commits  a  second 
offense  in  the  same  vessel,  he  shall  forfeit  the  same  sum, 
and  the  vessel,  if  found  in  this  State,  shall  also  be  for- 
feited to  the  same  use. 

9.  The   master  or  owner   of  any  vessel,   having  any  Magteror 

of  the  lumber  or  other  articles  mentioned  in  the  preceding  owner  to  pro- 
section  on  board,  for  exportation  as  aforesaid,  shall  before  or?^^&^te 
the  vessel  is  cleared  at  the  custom  house,  produce  to  the  before  clear- 
collector   a    certificate    from    the    proper    oflScer,     that  ance,  &c. 
the  same  have  been  duly  surveyed,  measured,  viewed,  1^1^.522. 
or  culled,  as  the  case  may  require ;   and  such  master  or 
owner  shall  likewise  make  oath  before  the  collector,  or  any 


300 


LUMBER. 


Penalty  for 
surveyor  or 
culler  to  neg- 
lect or  refuse 
oath  of  office, 
&c. 

Ibid.  §  23. 


Penalties,  how 
recovered. 
Ibid.  §24. 


Duty  of  sur- 
veyors of  logs. 
Ibid.  §  25. 


justice  of  the  peace,  whose  certificate  shall  be  returned  to 
the  collector,  that  the  articles  so  shipped  for  exportation 
are  the  same  articles  thus  surveyed,  measured,  viewed  or 
culled,  that  he  has  no  others  on  board  of  the  like  descrip- 
tion, and  that  he  will  not  take  any  others. 

10.  If  any  person,  duly  elected  a  surveyor,  measurer, 
viewer  or  culler  of  any  of  said  articles  under  the  provis- 
ions of  this  chapter,  neglects  or  refuses  to  take  the  oath 
of  his  office  and  to  serve  therein,  he  shall  forfeit  three 
dollars  to  the  use  of  the  town,  and  another  person  shall  be 
elected  to  his  place,  who  shall  take  the  oath  and  serve  as 
aforesaid  under  the  like  penalty  ;  and  the  like  proceedings 
shall  be  had,  until  the  office  is  filled  ;  or  if  any  such  officer 
duly  qualified  unnecessarily  refuses  or  neglects  to  attend 
to  the  duties  of  his  office  when  requested,  he  shall  forfeit 
three  dollars ;  and  if  he  connives  at  or  willingly  allows 
any  breach  of  the  provisions  hereof,  or  practices  any 
other  fraud  or  deceit  in  his  official  duties,  he  shall  forfeit 
thirty  dollars  to  the  use  aforesaid. 

11.  All  the  pecuniary  penalties  aforesaid  may  be 
recovered  by  action  of  debt,  indictment,  or  complaint, 
and  all  other  forfeitures,  by  a  libel  filed  according  to  law 
by  the  treasurer  of  the  town  interested  therein,  or  by  any 
inhabitant  thereof. 

12.  Surveyorsof  logs  may  inspect,  1  stirvey  and  measure 
all  mill  logs  floated  or  brought  to  market,  or  offered  for 
sale  in  their  respective  towns  and  divide  them  into  several 
classes,  corresponding  to  the  different  quality  of  boards 
and  other  sawed  lumber,  which  may  be  manufactured  from 
them  ;  and  they  shall  give  certificates  under  their  hands, 
of  the  quantity  and  quality  thereof  to  the  person  at  whose 
request  they  are  surveyed. 

1  His  decision,  in  absence  of  fraud,  conclusive.     Berry  v.  Reed,  53  Maine, 
487. 
For  liens  on  lumber  and  their  enf orcement.see  R.  S.,  1871,  c.  91,  §§  34  and  35. 


Lunatics. 


Statutes. 


1.  Municipal  officers  may  decide  on  cases  and  commit  to 

hospital  with  certificate,  and  keep  record. 

2.  May  certify  inability  of  relations  to  support. 

3.  Towns  to  pay  for  pauper  insane  persons. 

4.  Towns  liable  when  persons  are  unlawfully  committed. 

5.  Towns  have  remedy  against  persons  liable  for  support  of 

insane  pauper. 

6.  Those  liable  for  support  may  apply  for  discharge  of  patient. 

7.  Overseers  of  poor  to  remove,  when  notified. 

8.  How  person  discharged  to  be  removed. 

9.  Towns  of  less  than  200  inhabitants  not  liable  for  removal. 
10.     Insane  persons  having  no  legal  settlements,  expenses  how 

to  be  paid. 

1.  All  insane  persons,  not  sent  to  any  insane  hospital, 
shall  be  subject  to  examination,  as  hereinafter  provided.  Municipal  offi- 
The  municipal  oflScers  of  towns  shall  constitute  a  board    ^^^^esand^ 
of  examiners,  and,  on  complaint  in  writing  of  any  rela-   commit  to 
tive  or  justice  of  the   peace   of  their  town,   they  shall   ^rtm^te^*^ 
immediately  inquire  into  the  condition  of  any  insane  per-    keep  a  record 
son  therein  ;  call  before  them  all  testimony  necessary  for    °'  doings. 
a  full  understanding  of  the  case  ;  and  if  they  think  such    143,  §12.' 
person  is  insane,  and  that  his  comfort  and  safety,  or  that 
of  others  interested,  will  thereby  be  promoted,  they  shall 
forthwith  send  him  to  the  hospital,  with  a  certificate,  stat- 
ing the  fact  of  his  insanity,  and  the  town  in  which  he 
resided  or  was  found  at  the  time  of  examination,  and  direct- 
ing the  superintendent  to  receive  and  detain  him  till  he  is  two  physi- 

restored  or  discharged  by  law,  or  by  the  superintendent   c^a^s required 

»     ^     ,  ,     1,    ,  1      i,  .,     .      to  establish 

and   trustees.     And  they   shall   keep   a  record  of  their   insanity. 

doings,    and  furnish   a   copy  to   any   interested  person  1874,  c.256. 

requesting  and  paying  for  it.     In  preliminary  proceed-   not  treated  as 

ings    the    testimony    of   two   respectable   physicians   is   insane  person. 

required  to  establish  insanity.     Clause  eight,  section  four  jg!Lg  ^'  jj^" 


302 


LUNATICS. 


May  certify 
inability  to 
pay  for  his 
support,  and 
treasurer  may 
charge  State 
one  dollar  per 
week. 

R.  S.  1871,  c. 
143,  §  13. 

1873,  c.  151. 


of  chapter  one  of  Revised  Statutes,  relatimg  to  non-com- 
pos persons  does  not  apply  to  this  section. 

2.  The  oflScers  ordering  the  commitment  of  a  person 
unable  to  pay  for  his  support,  may  certify  in  writing  to 
the  trustees  that  fact,  and  that  he  has  not  relations  liable 
and  of  sufficient  ability  to  pay  for  it ;  and  if  the  trustees 
are  satisfied  that  such  certificate  is  true,  the  treasurer  of 
the  hospital  may  charge  to  the  State  one  dollar  per  week 
for  his  board,  and  deduct  it  from  the  charge  made  to  the 
patient  or  town  for  his  support. 


Towns,  where 
insane  person 
resided  or 
was  found, 
pay  for  sup- 
port, unless  a 
bond  given 
for  it. 

R.  S.,  1871,  c. 
143,  §18. 


Do  so  when 
unlawfully 
committed, 
and  expense 

of  removal. 

Ibid.[§  19. 


Towns  have 
remedy 
against  the 
person,  or 
those  liable 
for  his  sup- 
port as  a 
pauper. 

Ibid.  §  20. 

1872,  c.  54. 


EXPENSES    OF    SUPPORTING   THE   INSANE   AT   THE   HOSPITAL. 

3.  The  certificate  of  commitment  to  the  hospital,  after 
a  legal  examination,  shall  be  sufficient  evidence,  in  the 
first  instance,  to  charge  the  town,  where  the  insane  re- 
sided, or  was  found  at  the  time  of  his  arrest,  for  the 
expenses  of  his  examination,  commitment,  and  support 
in  the  hospital,  but  when  his  friends  or  others  file  a  bond 
with  the  treasurer  of  the  hospital,  such  town  shall  not  be 
liable  for  his  support,  unless  new  action  is  had  by  reason 
of  the  inability  of  the  patient  or  his  friends  longer  to  sup- 
port him  ;  and  such  action  may  be  had  in  the  same  manner, 
and  before  the  same  tribunal,  as  if  he  had  never  been 
admitted  to  the  hospital. 

4.  The  person  or  town,  liable  for  the  support  of  a 
person  when  lawfully  committed  to  the  hospital,  shall  be 
liable  therefor,  and  for  the  expenses  of  his  removal,  when 
unlawfully  committed  and  removed  ;  but  the  expenses  of 
such  removal  are  not  to  exceed  ten  cents  per  mile  from 
the  hospital  to  the  place  of  commitment. 

5.  Any  town,  thus  made  chargeable  in  the  first  in- 
stance, and  paying  for  the  commitment  and  support  of 
the  insane  in  the  hospital,  may  recover  the  amount  paid 
of  the  insane,  if  able,  or  of  persons  legally  liable,  for 
his  support,  or  of  the  town  where  his  legal  settlement  is, 
as  if  incurred  for  the  ordinary  expenses  of  any  pauper  ; 
but  if  he   has   no   legal   settlement   in   the   State,  such 


^  Hospital  must  be  paid  before  right  of  action  accrues.  Bangor  v.  Fair- 
field, 46  Maine,  558.  Original  record  of  town  admissible.  Jay  v.  Carthage, 
48  Maine,  353.    See  Waltham  v.  Brookline,  119  Mass.,  479. 


LUNATICS.    .  303 

expenses  shall  be  refunded  by  the  State ;  and  the 
governor  and  council  shall  audit  all  such  claims,  and 
draw  their  warrent  on  the  treasurer  therefor.^  No  insane 
person  shall  suffer  any  of  the  disabilities  incident  to 
pauperism,  nor  be  hereafter  deemed  a  pauper,  by  reason 
of  such  support.  The  time  insane  person  is  supported 
shall  not  operate  on  question  of  settlement. 

DISCHARGE    OF   THE    INSANE. 

6.  When  any  friend,  person,  or  town,  liable  for  the 

support  of  any  patient,  who  has  been  in  the  hospital  six  '^ig^g^ppo^'^^ 
months,  not  committed  by  order  of  the  supreme  judicial  may  apply  for 
court,  nor  inflicted  with  homicidal  insanity,  thinks  he  is    discharge. 

'  ,  .    .      1   B.S.,  1871,c.  143, 

unreasonably  detained,  he  may  apply  to  the  municipal    §21. 
officers  of  the  town  where  the  insane  resides,  and  they 
shall  inquire  into  the  case,  and  summon  before  them  any  j^^jjcipai  offl- 
proper  testimony,  and  their  decision  and  order  shall  be   cers  to  decide, 
binding  on  the  parties.     They  shall  tax  legal  costs  and 
decide  who  shall  pay  them.      If  such  application  is  un- 
successful, it  shall  not  be  made  again  till  the  expiration 
of  another  six  months.  , 

7.  When   the  overseers  of  any  town,  liable   for  the  overseers  of 
support  of  a  patient  at  the  hospital,  are  notified  by  mail   poortoremove 
by  the  superintendent,  that  he  has  recovered  from  his    ^^^^^'o! 
insanity,  they  shall  cause  him  to   be  removed  to  their  j^^^  §  22. 
town ;     and    if    they   neglect   it    for    fifteen   days,   the 
superintendent  shall  cause  it  to  be  done  at  the  expense 

of  such  town. 

8.  When  any  patient  is  discharged  from  the  hospital,  ^^^  persons 
by  the   trustees,    they  shall   cause  the  selectmen  of  the    discharged 
town,  or  the  mayor  of  the  city  from  which  such  patient    ^^^J^  ^' 
was  received,  to  be  immediately  notified  by  mail,  and  on  Town  liable 
receipt  of  such  notice  said  town  or  city  shall  cause  such    ^^^^^ 
patient  to    be  forthwith  removed  thereto ;  and  if   they    removal, 
neglect  such   removal   for  thirty   days  thereafter,  such  ibid.  §23. 
patient  may  be  removed  to  said  town  or  city  by  the  trus- 
tees, or  their   order ;  and  the  superintendent  may  main- 
tain an  action  in  his  name,  against  such  city  or  town,  for 

the  recovery  of  all  expenses  necessarily  incurred  in  the 
removal  of  such  patient. 

«  Bowdoinham  v.  Phlppsburg,  63  Maine,  497. 


304 


LUNATICS. 


Towns  of  less 
than  two 
hundred  in- 
habitants not 
liable  for  re- 
moval. 

Ibid.  §  24. 


Judge  of  pro- 
bate may  ap- 
point guar-     . 
dians  for 
persons  sent 
to  hospital ; 
their  duties 
and  compen- 
sation. 

Ibid.  §  25. 


9.  The  preceding  sections  shall  not  apply  to  towns 
having  less  than  two  hundred  inhabitants  ;  but  all  insane 
persons  found,  and  having  their  residence  in  such  towns, 
who  have  no  settlement  within  any  town  of  this  State, 
and  who  have  no  means  of  their  own  for  support,  or  are 
without  relatives  able  and  liable  to  support  them,  shall  be 
supported  in  the  hospital  at  the  expense  of  the  State. 

GUARDIANS    FOR   SUCH   AS   ARE   SENT   TO  THE  HOSPITAL. 

10.  When  any  man  or  unmarried  woman,  of  twenty- 
one  years  of  age,  is  sent  to  the  hospital  for  insanity,  the 
municipal  officers  of  the  town  where  such  insane  resides, 
may  apply  to  the  judge  of  probate  for  the  same  county 
for  the  appointment  of  a  guardian ,  when  they  think  it  for 
the  interest  of  the  insane  and  to  prevent  waste  of  his 
property,  and  the  judge,  on  their  certificate  to  that  effect, 
without  notice  to  the  insane,  shall  forthwith  appoint  some 
suitable  guardian  of  the  same  county,  who  shall  give 
bond  as  in  other  cases,  and  have  reasonable  compensa- 
tion for  his  services,  to  be  allowed  by  the  judge  and  paid 
out  of  the  estate  ;  but  ^hall  not  be  required  to  return  any 
inventory,  or  exercise  any  other  powers  or  duties  of 
guardian  for  one  year  after  his  appointment,  except  to 
provide  for  the  support  of  the  insane  and  his  family,  and 
prevent  waste  of  his  property. 


Manufacturing'  EstaTDlisli- 
ments. 


Statutes. 


1.  Exempt  from  taxation,  not  exceeding  ten  years,  provided, 

&c. 

2.  Children  under  fifteen  not  to  be  employed. 

3.  Penalty. 

4.  No  person  under  sixteen  to  be  employed  more  than  10  hours 

a  day. 

1.  All  manufacturing   establishments,  and   all  estab- 
lishments for  refining,  purifying  or  in  any  way  enhancing  Manufacturing 
the  value  of  any  article  or  articles  already  manufactured,  estabUsh- 
hereaftfer,  erected  by  individuals,  or  by  incorporated  com-  ^^^^*  ^^' 
panics,    and   all    the   machinery  and    capital   used    for  i864, c.  234,  § i, 
operating  the  same,  together  with  all  such    machinery  aiidR.s.,i87i, 
hereafter   put  into  buildings   already  erected,  When  the 

amount  of  capital  invested  exceeds  the  sum  of  two  thous- 
and dollars,  are  exempted  from  taxation  for  a  term  not  ,  ^ 

'  '^  —exempt  from 

exceeding  ten  years  from  the  time  the  city  or  town  in    taxation,  not 

which  such  manufacturing   establishments   or  refineries    exceeding  ten 

°  ,  years, 

may  be  located,  shall  in   a  legal  manner  assent  to  such 

exemption,  which  assent  shall  have  the  force  of  a  _capitai. 
contract  and  be  binding  for  the  time  specified,  but  all 
property  so  exempted  shall  be  entered  from  year  to  year 
upon  the  assessment  books  and  returned  with  the  valua- 
tion of  the  several  towns  and  cities,  when  required  by 
the  state  for  the  purposes  of  makihg  the  state  valuation. 

2.  No  child  can  be  employed  or  suffered  to  work  in  a 

cotton  or  woolen  manufactory,  without  having  attended  a  children  under 
public  school,  or  a  private  one  taught  by  a  person  quali-  is  years  of  age 
fied  to  be  a  public  teacher,  if  under  twelve  years  of  age,  employed 
four  months,  if  over  twelve  and  under  fifteen  years  of  without  proof 
age,  three  months  of  the  the  twelve,  next  preceding  such  r.s!!^iSi,c.^48' 
employment,  in  each  year.     A  certificate  under  oath  of   §  is. 

1  See  chapter  on  ••  Taxes." 


306  MANUFACTURING  ESTABLISHMENTS. 

Teacher's  cer-  such  teacher,  filed  with  the  clerk  or  agent  before  employ- 
tiflcate.  ment,  is  to  constitute  the  proof  of  such  schooling. 

Penalty  on  vio-  3.  Any  Owner,  agent  or  superintendent  of  such  manu- 
lation.  factory,    for    each   violation    of    the   provisions   of    the 

Ibid.  §16,  and   preceding   section,  forfeits   one   hundred   dollars,  to    be 

1880  c.  221.  ■!■  o  '  .  ' 

recovered  by  indictment,  one  half  to  the  prosecutor  and 

the  other  to  the  town  where  the  offense  was  committed, 

to  be .  added  to  the  its  school  money.     Superintending 

school  committees  shall  inquire  into  such  violations  and 

report  them   to   a   county   attorney,  who,   on   reception 

thereof,  shall  prosecute  therefor. 

No  person  un-        4.  No  person  under  the  age  of  sixteen  years  is  to  be 

der  16  years  of  employed  by  any  corporation  more  than  ten  hours  of  a 

ployed  more    ^^J'     ^^J  Person  violating  this   provision  forfeits  one 

than  10  hours    hundred   dollars,  one-half  to  the  town  where  the  offense 

R.s!i87i  C.48.    ^^   committed,  and   the   other  to  the  use  of  the  person 

§  17.  employed  ;  to  be  recovered  by  indictment. 


Comniercial  Manures. 


manufacturer 

,  and  amount  of 

certain   con- 


Statutes. 

1.  To  be  labelled. 

2.  Constituent  parts  must  to  be  as  labelled. 

3.  Terms  "soluable,"  &c.,  defined. 

4.  Not  to  apply  to  manures  from  fish. 

1.  Commercial  manures  sold  or  kept  for  sale  in  this 

State,    shall  have   affixed  to  every  barrel,  bag   or  parcel   ^vith  name  of 
thereof,  which   may  contain  fifty  pounds  or  upwards,  a 
printed  label,  which  shall  specify  the  name 'of  the  manu- 
facturer, or  seller,  his  place  of  business,  and  the  percent-    stituents. 
age  which  it  contains  of  the  following  constituents,  to    j^'       '  '    ' 
wit :  Of  soluble  phosphoric  acid  ;  of  insoluble  phosphoric 
acid,  and  of  ammonia ;  and  whoever  violates  this  pro- 
vision, or  affixes  labels  specifying  a  larger  percentage  of 
either  of    such  constituents    than  is  contained  therein, 
shall  be  punished  by  a  fine  of  ten  dollars  for  the  first,  and 
twenty  dollars   for  the    second,    and   each    subsequent 
offense ;  to  be  recovered  on  complaint  before  any  tribu- 
nal of  competent  jurisdiction. 

2.  Any  purchaser  of  commercial  manures  bearing  such 

,        ,  ...  T    ,         .       Purchaser  may 

label,  and  contammg  less  percentage  than  stated  therem,    recover  from 

may  recover  from  the  seller,  in  an  "action  for  debt,  twenty-    ^®"^^  ^'  ^^' 
„  /.  -ii.iiiii«  •!       stituents   are 

five   cents  for  every  pound  of  soluble  phosphoric  acid ;    not  as  stated 

six    cents    for    every     pound    of    insoluble    phosphoric    in  label. 

acid,  and  thirty-five  cents  for  every  pound  of  ammonia 

deficient  therein. 

3.  By  the  term  soluble  phosphoric  acid,  whenever  used.  Term  soluble 

,         .  ,  .  \.  ,  .    \.    •  Ti  1       defined. 

IS  meant  such  acid  in  any  form  or  combination  readily  sol-  ^^^^  g  g^ 
uble  in  pure  water ;  and  by  the  term  insoluble  phosphoric 
acid,  is  meant  such  acid  in  any  combination  which  requires 
the   action  of  acid  upon  it  to  cause  it  to  btcome  readily 
soluble  in  pure  water. 


308  COMMERCIAL  MANURES. 

These  sections  ^'  The  three  preceding  sections,  shall  not  apply  to 
do  not  apply  porgy  chum,  nor  any  manure  prepared  exclusively  from 
p°replredfrom  ^^^y  ^^^  ^^^^  ^^  such,  nor  to  any  commercial  manure 
fish.  which  is  sold  at  a  price  not  exceeding  one  cent  per  pound. 

Ibid.  51. 


Milk. 


Statutes. 

1.  Inspectors  of  milk. 

2.  Duties. 

3.  Vessels  to  be  sealed  and  marked. 

4.  Penalty  for  selling  bad  milk. 

Ordinances. 

1.  Inspectors. 

2.  Duties  of  people  in  milk  business. 

3.  Duties  of  inspectors. 

4.  Compensation. 

Statutes. 

1.  The  municipal  oflScers  of  towns  containing  not  less  jngpectors  of 
than  three  thousand  inhabitants  shall,  upon  the  application  milk  shaU  be 
of  ten  legal  voters  therein,  annually  appoint  one  or  more    appointed  in 

*=*  '  J      II  towns  of    not 

persons  to  be  inspectors  of  milk,  who  shall,  before  enter-    legg  than  sooo 
ing  upon  the  discharge  of  their  duties,  be  sworn,  and    inhabitants, 
shall  give  notice  of  their  appointment  by  publishing  the    ^l^' 
same  two  weeks  in  a  newspaper  published  in  their  towns, 
or  if  no  newspaper  is  published  therein,  by  posting   up 
such  notice  in  two  or  more  public  places  in  said  town. 

2.  Inspectors  shall  keep  an  oflBce  and  books  for  the  Duties, 
purpose  of  recording  the  names  and  places  of  business  i^^^-  §  ^• 
of  all  persons  engaged  in  the  sale  of  milk  within  their 
limits.  They  may  enter  any  place  where  milk  is  kept  or 
stored  for  sale,  and  examine  all  carriages  used  in  the 
conveyance  of  the  same,  and  when  they  have  reason  to 
believe  any  milk  found  therein  is  adulterated  they  shall 

take  specimens  thereof,  and  cause  the  same  to  be  analyzed, 
or  otherwise  satisfactorily  tested,  the  result  of  which  they 
shall  preserve  as  evidence,  and  shall  prosecute  for  all 
violations  of  the  two  following  sections. 


310  MILK. 

Vessels  to  be        ^'  ^^^  measures,  cans,  or  other  vessels  used  in  the  sale- 
annually  of  milk  shall  annually  be  sealed  by  the  sealer  of  weights 

sealed.  ^j^^  measures  by  milk  measure,  and  shall  be  marked  by 

Ibid.  §  46.  *^  .  . 

1871,  c.  217.        the  sealer  with  figures  indicating  the  quantity  which  they 

hold,  and  whoever  fraudulently  sells  by  any  other  meas- 
ure, can  or  vessel,  shall  forfeit*  twenty  dollars  for  each 
offence. 

4.  Whoever,  acting  for  himself  or  as  the  employee  of 
Penalty  for      another,  knowingly  or  wilfully  sells  or  offers  for  sale,  milk 
fering  injuri-  from  COWS  diseased,  sick,  or  fed  upon  the  refuse  of  brew- 
ous  milk.         eries  or  distilleries,  or  upon  any  substance  deleterious  to 
§  47.      '       '  ^ts  quality,  or  milk  to  which  water  is  added,  or  any  foreign 
substance,'  shall  forfeit  twenty  dollars  for  the  first,  and 
fifty  dollar^  for  every  subsequent  offense  ;  to  be  recovered 
'  by  complaint  or  indictment  before  any  court  having  juris- 

diction of  the  same,  to  the  use  of  the  town  where  the 
offense  is  committed. 

Ordinances. 

Milk  inspector-       1.  There  shall  be  appointed  by  the  board  of  mayor 

Ord.  Jan.  12,     ^iid   aldermen,    for   the   remainder   of    the    present 

1878.  municipal  year,  and  thereafter  annually,  an  inspector 

of  milk,  who   shall  be   sworn,    give   notice   of  his 

appointment,  keep  an  office  and  books,  and  have  all 

the  powers  and  perform  all  the  duties  set  forth  and 

prescribed  in  the  statutes  of  the  State  relating  to  the 

sale  of  milk  and  the  inspection  thereof. 

2.  It  shall  be  the  duty  of  each  person  or  firm,  now 
or  hereafter  eno^ao^ed  in  the  business  of  sellino^  milk 

^  ,     ^  within  the  limits  of  the  city,  to  file  annually  with  the 

Duty  of  per-  .  . 

sons  in  milk  inspector  a  statement  of  his  name,  residence  and  place 
asiness.         ^^  busiucss,  or,  if  lie  sells  milk  from  a  cart,  of  such 

^^^-  fact,  to  the  end  that  said  statement  may  be  registered 

in  a  book  kept  for  the  purpose  ;  and  in  default  of  so 
doing  said  person  or  firm  shall  forfeit  the  sum  of 
twenty  dollars  to  the  use  of  the  city,  to  be  recovered 
in  any  court  of  competent  jurisdiction. 

3.  It  shall  be  the  duty  of  the  inspector  to  receive 
and  register  said  statement,  and  grant  a  certificate 


^       MILK.  311 

of  such  registration  upon  the  request  of  the  person 
or  firm  filling  the  same.  The  inspector,  when  there- 
unto requested  in  writing  by  any  citizen  of  Portland, 
shall  make  inspection  within  the  limits  of  the  city  of  Du^eg  ^f  i^. 
any  milk  sold  or  offiered  or  intended  for  sale  within  specters. 
the  same,  and  also  upon  his  own  motion,  without  iwd. 
previous  notice,  as  often  as  once  a  year,  and  oftener 
at  his  discretion,  shall  visit  all  places  of  business  and 
carts  in  and  from  which  milk  is  sold  within  the  cit}^, 
and  make  thorough  inspection  of  the  kind  and  quality 
of  milk  found  in  said  places  of  business  and  carts 
offered  or  intended  for  sale.  It  shall  also  be  the  duty 
of  said  inspector  to  prosecute  all  violations  of  the 
statutes  of  the  State  and  ordinances  of  the  city  relat- 
ing to  the  sale  of  milk.  And  at  the  close  of  each 
municipal  year  said  inspector  shall  make  a  detailed 
report  to  the  board  of  mayor  and  aldermen. 

4.  The  compensation  of  said  inspector  shall  be  as 
follows :  Twenty-five  cents  for  making  the  before  compensation, 
required  registration  and  granting  a  certificate  there-  ^,1^, 
for,  to  be  paid  by  the  person  requesting  the  same. 
Fifty  cents  for  making  inspection  of  milk,  to  be  paid 
by  the  person  requesting  the  same  to  be  made  ;  and 
said  inspector  shall  be  entitled  to  one-half  of  all 
fort'eitures  accruing  to  the  city  in  all  prosecutions  in- 
stituted by  him  for  violation  of  the  statutes  of  the 
State  or  ordinances  of  the  city  relating  to  the  sale  of 
milk. 

19 


Municipal'  Court. 


CONSTITUTIONAL  PROVISION. 

1.    Appointment  of  Municipal  Judges  by  tlie  Executive  Power. 

Statutes. 

1.  Court  establislied,  one  judge. 

2.  Judge's  jurisdiction  as  justice  of  the  peace,  concurrent  or 

exclusive. 

3.  Not  to  act  as  counsellor  or  attorney,  when,  &c. 

4.  His  jurisdiction  in  cases  of  larceny  and  offenses  against 

city  by-laws. 

5.  Houses  of  ill-fame. 

6.  Eight  to  appeal. 

7.  Fines,  how  disposed  of. 

8.  Jurisdiction  though  the  penalty  accrues  to  the  city. 

9.  Court  to  be  held  on  Monday. 

10.  Recorder,  how  appointed  and  qualified,  his  duties  and  fees ; 

writs  to  be  under  seal  of  court. 

11.  Recorder's  powers  in  absence  of  judge. 

12.  Justice  of  peace  substituted  in  absence  of  judge  and 

recorder. 

13.  Provisions  when  office  of  judge  is  vacant. 

14.  Restrictions  on  justices  of  the  peace  in  Portland. 

15.  Exceptions  under  the  laws  of  the  United  States. 

16.  When  recorder  may  issue  wan*ants. 

17.  Salary  of  recorder. 

18.  Costs,  how  to  be  taxed. 

19.  Recorder  during  absence  of  judge,  power  in  civil  actions. 

20.  In  case  of  vacancy  of  judge. 

21.  In  case  of  vacancy  of  recorder,  temporary  appointment. 

22.  Judge,  appointment  of,  tenure. 

23.  Salary,  how  fixed. 

1  For  genei*al  provisions  relating  to  jurisdiction  of  municipal  courts  of 
oflFences  against  liquor  law;  See  R.  S.,  1871,  c.  27,  §§  21,  44;  in  civil  actions, 
Ibid.  c.  83,  §  3 :  in  case  of  cruelty  to  animals.  Ibid.  c.  124,  §  §  28,  35,  Laws 
of  1875,  c.  3(5.  And  for  general  duties  for  preservation  of  the  peace,  R.  8.' 
1871,  c.  130,  §  1. 

The  municipal  court  of  Portland  has  jurisdiction  over  all  such  matters  as 
justices  of  the  peace,  at  time  of  its  establishment,  might  exercise  iri'espect- 
ive  of  residence  of  parties,  within  the  county.  The  act  1866.  c.  27,  does  not 
affect  or  restrict  the  jurisdiction,  Allen  v.  Somers,  68  Maine,  247.  It  has 
jurisdiction  over  offence  of  truancy.    O'Malia  v.  "Wentworth,  65  Maine,  129. 

By  ordinance  all  i>enalties  and  fines  under  ordinances  are  to  be  recovered 
in  municipal  court. 


MUNICIPAL  COURT.  •  313 


CONSTITUTIONAL    PROVISION. 

1 .     Judges   of  municipal   and   police  courts   shall   be  Judges  of  mu- 
appointed  by  the  executive  power,  in  the  same  manner  as    ^^jj^^  *°^ 
other  judicial  oflScers,  and  shall  hold  their  offices  for  the   appointment ' 
term  of  four  years ;  provided,  hoicever,  that  the  present    °*- 
incumbents  shall  hold  their  offices  for  the  term  for  which    Besoive.    ' 
they  are  elected.  Feb'y  25,  1875. 

Statutes.  CourtestabUsh- 

1.  There  is  hereby  established  a  municipal  court  for  ^^-^^^j"*^*®- 
the  city  of  Portland,  to  consist  of  one  judge,  who  shall  1856,  c.  204,  §  1. 
be  appointed,  commissioned  and  qualified,  in  the  manner 
provided  by  the  constitution  of  this  State.  judge's   juris- 

2.  He  shall,   except  where  interested,  exercise  juris-    diction  as  jus- 
diction  over  all  such  matters  and  thinors  within  the  county    '^^^  ^^  *^® 

°  J     peace,  concur- 

of  Cumberland,  as  justices  of  the  peace  may  exercise,    rent  or  exciu- 
and    under    similar    restrictions    and    limitations ;    and    ^^^®' 
concurrent   jurisdiction  with  justices  of   the  peace    and  ^^^^'  5  2- 
quorum  in  case  of   forcible  entry  and  detainer  in  said 
county ;    and   exclusive   jurisdiction   where   both  parties 
interested,  or  the  plaintiff  and  a  person  sued  as  trustee, 
are  inhabitants  of  Portland.  Judge  not  to 

,     3.  He  shall  not  act  as  counsel  or  attorney  in  any  case    act  as  counsel 

.,.,..,.,.  <..i  .  ^^  certain 

withm  the  jurisdiction  of  said  court,  nor  in  any  cause,    cases, 
matter  or  thing  which  may  depend  upon  or  relate  to  any  Act,i862,  c.i5i. 
cause  cognizable  by  said  court.  His  jurisdiction 

4.  The   said   court    may   take   cognizance   of    simple    in  cases  of  lar- 
larcenies,  when  the  property  alleged  to  be  stolen  shall   ^n^g"  L^inst 
not  exceed  in  value  twenty  dollars,  and  on  conviction    city  by-laws, 
award  such  sentence   as   is   by   law   provided   for  such  ^®^'  ^'  '^'  ^  *' 
ofienses  ;  and  have  exclusive  jurisdiction  of  all  offenses 

against  the  by-laws  of  said  city ;  and  in  prosecution  on 
such  by-laws,  they  need  not  be  recited  in  the  complaint 
nor  in  allegations  therein  be  more  particular  than  in 
prosecutions  on  a  public  statute. 

5.  The  same  proceedings  may  be  had  in  the  same  fam?^° 
manner,  against  persons  keeping  houses  of  ill-fame,  for  ibid.  §5. 
the  purposes  of  lewdness  or  prostitution,  on  complaint, 

as  before  a  justice  of  the  peace. 

6.  Any  person  may  appeal  from  a  sentence  or  judg- Right  of 
ment  against  him,  to   the  then  next  term,  for  civil   or  j^^^Vg, 


314  MUNICIPAL  COUKT. 

criminal  business,  as  the  case  may  require,  of  the  court 

having  jurisdiction  within  said  county,  by  appeal  from 

justices  of  the  peace ;    and  such  appeal  shall  be  taken 

and  prosecuted  in  the  same  manner  as  from  a  sentence  or 

judgment  of  a  justice  of  the  peace. 

Fines  to  be  ac-       7^  ^i\  fio^gg  ^mj  penalties  awarded  by  said  judge,  shall 

ibid°§7  ^®   accounted   for   and    paid,  over,  as  in  case   of   those 

Jurisdiction,      awarded  by  a  justice  of  the  peace. 

^enaftvaSrue      ^'  "^^^  court  shall  have  jurisdiction,  though  the  penalty 
it  'iS6^^^'204  ^^^anded  in  any  action  or  prosecution  accrues  to  the  city 
§8.      '  *"■      'of  Portland, 

on  Monday^  9«  The  municipal  court  shall  be  held  on  Monday  of 
^amemiedby  each  week,  at  nine  of  the  clock  in  the  forenoon,  and  no 
Act,  1859, c.  57.  ^-^j^  process  shall  be  returnable  at  any  other  time. 
Recorder, how  iQ.  There  shall  be  a  recorder  of  said  court,  who  shall 
qualified  always  be  a  justice  of  the  peace,  and  duly  qualified  as 
His  duties  and  such,  and  he  shall  be  appointed  by  the  governor,  by  and 
w^^f "  ^r  T.^        with  the  advice  of  the  council ;  he  shall  be  duly  sworn  as 

Writs  to  be  un-  '  -^ 

der  seal  of       recorder,  and  shall  keep  a  fair  record  of  the  proceedings 

court.  ^£  |-jjg  court,  and  deliver  copies,  when  required,  for  the 

Act,  1859,  c.  57,  ^  ^          -> 

.  §2,  as  amend-  same  fees  which  are  allowed  to  justices  of  the  peace.    All 

ing  Act,  1856,  ^yHs  issucd  bv  Said  court  shall  be  under  its  seal  and  bear 

C.  204,  §  10. 

Recorder's        test  of  the  judge,  and  shall  be  signed  by  the  recorder. 

feiS judge!      11-  W^lien  the  judge  is  absent,  it  shall  be  the  duty  of 

"^Smendedby  ^^^    recorder,  and  he  shall   have  authority  to  exercise 

'fjg;^t^2Ki.  ^1^  the  powers  of  the  judge. 

^  ^titie  ^^  °^  *^^^      12.  If   the  judge   and  recorder   are   both   necessarily 

.Justices  of  the  absent,  the  judge  may  designate  some  justice  of  the  peace 

tuted  in  ab-     duly  qualmed,  to  perform  the  duties  of  his  office ;  or  if 

SGncG  of  lud&rc 

and  recorder,  the  judge  should  not  SO  desiofuate  a  justice  of  the  peace, 

1856,  c.  204,  §  12.  ^,  T  ■,      ., 

Provisions        the  recorder  may  do  it. 

judge  is  va-         13.  When   the   office   of   judge   shall  be   vacant,    the 
ibid.*§i3,  as      recorder   shall   finish  the   business   pending   before   the 

amended  by  , 

private  laws,     <^vjuil. 

Se?§'2^o  of^tws       14.  No   justice  of   the  peace   residing  in  the   city   of 


iteatrictions  on  Portland,  shall  in  any  manner  take  cognizance  of,  or 
Sie^fn^oIS  exercise   jurisdiction  over  any   crime  or  offense,   or   in 

ibid!^§  14,  as  ^^y  ^^^^1  action,  wherein  the  judge  is  not  a  party  inter- 
privati^hiw*.  ^®*®^  '  ^^^  accept  or  receive  any  fee  or  reward  therefor  ; 
I8<i3,  c.  290.       and  any  such  justice   of  the    peace,  by    violating  this 


MUNICIPAL    COURT.  315 

section,  shall  forfeit  twenty  dollars,  to  be  recovered  on 
indictment. 

15.  But  nothing  in  the* preceding   section  shall  be  con-  Exceptions  un- 

strued  as  prohibiting  the  justices  of  the  peace,  residing    *^^^  *^^-J*7*, 

of  tii6   UDited 
in  Portland,  from   exercising  at  all  times,  all  the  power    states. 

and   jurisdiction   given  them  by  any  laws  of  the  United  1856,  c.  204,  §  is. 
States. 

16.  When  the  jud_ge  is  occasionally   absent  from  the  When  recorder 
room  or  office  in  which  the  court  is  held,  the  recorder    ^^ts.^  " 
shall  have  power,  on  proper  complaint,  to  issue  wan-ants 

for  the  apprehension  of  persons  charged  with  any  crimi- 
nal offence  or  breach  of  the  peace ;  and  such  warrants 
shall  have  the  same  authority  as  if  issued  by  the  judge. 

17.  The  salary  of  the  recorder  of  the  municipal  court 

for  the  city  of  Portland,  shall  be  eight  hundred   dollars    der!^°  ^^^°^ 
per  annum,  in  full  for  all  services.     Clerk  hire  for  said  Act  1879,  c.  iso. 
recorder,  two  hundred  dollars  per  annum.     Said  recorder 
shall  account  for  all  fees  and  pay  the  same  to  the  county 
treasurer. 

18.  The   costs   recoverable   by   parties  in  said  court,  costs  how  to  be 
shall  be  as  follows : — The  plaintiff,  if  he  prevail,  shall,    taxed. 

be   entitled  to  recover  one  dollar  for  his  writ,  and  the     ^        ,  c.    . 
defendant,  if  he  prevail,  shall  be  entitled  to  recover  an 
attorney  fee  of  one  dollar;  and  all  other   costs  recov- 
erable by  either  party,  shall  be  taxed  as  before  justices 
of  the  peace. 

19.  During  the  temporary   absence  of  the   judge    of  Recorder,  duty 
the  municipal  court  of  the  city  of  Portland,  the  recorder    of'-id^^^''^ 
of  said  court  is  hereby  authorized  and  empowered  to  try  Act,  1863,  c.  290, 
and  determine  civil  actions  and  processes  within  the  juris-    §  ^• 
diction  thereof. 

20.  In  case  of  vacancy  by  death,  resignation  or  other-  _incaseof  va- 
wise  in   the  office  of   judge  of  said  court,    the  recorder    cancy  of  judge 
aforesaid   may  try  and  determine  all  actions,  civil  and  ibid.  §  2. 
criminal,  within  the  jurisdiction  of  said  court,  until  a  judge 

shall  be  appointed  and  qualified. 

21.  In  case  of  a  vacancy  in  the  office  of  recorder  of  the  '^^ntoent  of 
municipal    court    of   Portland,  by  death   or   otherwise,    recorder  in 
the  judge  of  said  court  may  appoint  some  suitable  person  5879*0^51^"*^^ 


316  MUNICIPAL   COURT. 

to  perform  the  duties  of  that  office  until  the  vacancy  shall 

be  filled  in  the  manner  provided  by  law. 

Judge  to  be  ap-      22.  Judges   of  municipal   and   police   courts   shall  be 

^rmre. "  appointed  by  the  executive  power  in  the  same  manner  as 

amemiment,     Other  judicial  oflSccrs,  and  shall  hold  their  oflfices  for  the 

Feb'y  25, 1875.      .  «    » 

See  §  1  of  this  term  of  four  years. 

*^*®*  23.  The  judges  shall  be  duly  sworn,  and    commence 

Salaries,  &c.     the  discharge  of  their  duties  on  the  Monday  following  the 

K.S.,  i87i,c.      day  of  their  election.     They  hold  theii*  offices,  and  vacart^ 
132,  §  1.  .  *^  "^  ' 

See  full  section,  cies  are  filled,   as  provided  in  the  constitution.      Their 

salaries^  shall  be  fixed  by  the  municipal  ofl[icers,  of  their 

towns  and  paid  quarterly  from  the  treasuries  thereof  ;  and 

all  fees  received  by  them  shall  be  paid  quarterly  into  said 

treasuries,  except  where  their  compensation  is  fixed  by 

law,  by  the  allowance  to  them  in  whole  or  in  part  of  the 

fees  accruing  in  their  courts. 

I  Salary  of  present  Judge  for  1880  and  '81,  is  fixed  at  $1000. 


JSTmsances.' 


Statiites.2 


1.  Dangerous  buildings  may  be  adjudged  nuisances. 

2.  Owner  aggrieved,  may  apply  to  supreme  court. 

3.  Same  subject. 

4.  Costs,  how  paid. 

5.  Above  not  in  force  unless  accepted. 

6.  Advertisements  on  fences  prohibited.     Penalty. 

7.  Certain  nuisances  described. 

8.  Places  assigned  for  unwholesome  employments. 

9.  When  places  assigned  become  offensive,  what. 

10.  Buildings  for  manufacture  of  gunpowder,  when  nuisances. 

11.  Burning  bricks  in  prohibited  places,  nuisance. 

12.  Stationary  steam  engine  not  be  used  without  license. 

13.  Duty  of  officers  on  application  for  license. 

14.  Engine  erected  without  license,  a  nuisance. 

15.  Engine.     Power  of  town  officers  to  remove. 

16.  Steam  whistes. 

Ordinances. 

1.  Steam  whistles.    Forbidden. 

2.  Steam  whistles.     Penalty. 

3.  Steam  whistles.    Not  applying  to  Locomotives. 

Statutes. 
1.  When   the   municipal   officers   of   any   town,  after  Dangerous 
personal  notice  in  writing  to  the  owner  of  any  bunit,    ^^Jud^ecT^ 
dilapidated  or    dangerous    building,  or  publication  in  a    nmsances; 
newspaper  in  the    county  three  weeks  successively,  or   proceedings. 

^    ^  -^  '^  E.  S.,1871,c.l7, 


»  For  judicial  decisions  as  to  what  constitutes  a  nuisance,  and  giving  a 
remedy  by  abatement,  see  the  following  cases:  as  to  building  in  public 
street,  and  the  necessary  destruction  of  same  by  law,  or  the  wrongful  use  of 
a  building,  harmless  In  itself.  Brightman  r.  Bristol,  65  Maine,  428.  Black- 
smith shop,  when  a  nuisance,  Xorcross  r.  Thoms,  51  Maine,  .503.  Railroad 
crossings,  State  v.  P.  S,  &  P.  R.  R.,  58  Maine,  46.  See  also  Swett  v.  Sprague, 
55  Maine,  190;  Davis  r.  Bangor,  42  Maine,  522;  Brown  v.  Black,  43  Maine, 
443;  Barnes  r.  Hathom,  54  Maine,  l"i4 ;  Portland  v.  Richardson,  54  Maine,  46; 
Cumb.  &  Oxford  Canal  r.  Portland,  62  Maine,  504;  Franklin  Wharf  r.  Port- 
land, 67  Maine,  46. 

>  The  provisions  of  chapter  17,  of  the  revised  statutes  of  1871,  are  made  to 
applj  to  tippling  shops,  act  1873,  c.  152.  *' 


§26. 


318 


NUISANCES. 


Powers  of 
aldermen  and 
selectmen. 


Owner  to  be 
served  with 
copy  of  order. 

Return  of 
service. 


Nuisance  may 
be  abated. 


Owner  to  pay 
expense. 

Payment 
enfox-ced. 

Owner 
aggrieved 
may  apply  to 
supreme 
court,  or  jus- 
tice of,  for  a 
jury. 

Jury,  how 
empanneled. 

Application, 
when  to  be 
made. 

Ibid.  §  27. 

Verdict,  what 
it  may  be. 

— return  of. 

— may  be 
accepted  or 
rejected. 

Action,  how 
entered,  if. 

Exceptions 
taken;  pro- 
ceedings. 

Verdict 
enforced. 

Ibid.  §  28. 


if  no  newspaper  is  published  in  the  county,  then  in 
the  State  paper,  and  after  a  hearing  of  the  matter,  shall 
adjudge  the  same  to  be  a  nuisance  or  dangerous,  they 
may  make  and  record  an  order  prescribing  what  disposi- 
tion shall  be  made  thereof,  and  thereupon  the  town  clerk 
shall  deliver  a  copy  of-  such  order  to  a  constable,  who 
shall  serve  such  owner,  if  resident  within  the  State,  with 
an  attested  copy  thereof,  and  make  return  of  his  doings 
thereon  to  said  clerk  forthwith ;  if  the  owner  or  part 
owner  is  unknown,  or  resides  without  the  State,  such 
notice  shall  be  given  by  publication  in  the  State  paper, 
or  in  a  paper  published  in  the  county  thi-ee  weeks  suc- 
cessively. If  no  application  shall  be  made  to  the 
supreme  judicial  court,  or  a  justice  thereof,  as  is 
hereafter  provided,  the  municipal  officers  of  such  town, 
shall  cause  said  nuisance  to  be  abated,  removed  or 
altered  in  compliance  with  their  order,  and  all  expenses 
thereof  shall  be  repaid  to  the  town  within  thirty  days 
after  demand  ;  or  may  be  recovered  of  such  person  by  an 
action  for  money  paid. 

2.  Any  owner  aggrieved  by  any  such  order  may  apply 
to  the  supreme  judicial  court,  if  in  session  in  the  county 
or  to  any  justice  thereof,  in  vacation,  for  a  jury,  and 
such  court  or  justice  shall  forthwith  order  a  warrant  for  a 
jury  to  issue,  to  be  empanneled  by  the  sheriff  as  is  pro- 
vided by  section  ten  of  the  eighteenth  chapter  of  the 
revised  statutes.  Such  application  shall  be  made  within 
five  days  after  such  order  is'  served  on  such  owner,  and 
the  jury  shall  be  empanneled  within  seven  days  from  the 
issuing  of  the  warrent. 

3.  The  jury  may  find  a  verdict,  either  affirming  or  an- 
nulling the  said  order,  or  making  alterations  therein,  which 
shall  be  returned  forthwith  to  the  justice  issuing  the  war- 
rant. He  may  accept  or  reject  it,  and  issue  a  new  warrant. 
If  the  court  is  not  in  session,  the  action  shall  be  entered 
on  the  docket  of  the  preceding  term ;  exceptions  taken 
by  either  party  may  be  allowed,  or  execution  may  issue 
as  of  that  term,  and  if  the  verdict  is  finally  accepted,  the 
justice  may  issue  the  proper  process  for  enforcing  it. 


NUISANCES.  319 

4.  If   the  verdict  affirms  such   order,  costs   shall   be  costs,  how  to 
recovered  by  the  town  agaiost  such  applicant.     If  it  an-    be  paid. 
nuls   such  order  in  whole,  costs  shall  bp  recovered   by  ^^<^-§29. 
the  applicant  against  such  town,  and  in  case  such  verdict 

shall  alter  such  order  in  part,  the  court  may  render  such 
judgment  as  to  costs  as  justice  shall  require. 

5.  The  four  preceding  sections  shall  not  be  in  force  in  Not  applicable 
atfy  town  unless  adopted  at  a  legal  meeting  thereof. ^  ibid.  §3of 

6.  Whoever   advertises    his  wares'  or    occupation   by  Advertisiiig  on 
painting    notices   of  the  same  on,  or    affixing  them  to    fences,  rocks, 
fences  or  other  private  property,   or  on  rocks  or  other    permission. 
natural  objects,  without  the  consent  of  the  owner,  or  if  in  R.s.,i87i,c. 

127  5  8 

the  highway  or  any  other  public  place  without  the  per- 
mission of  the  mayor  of  cities,  selectmen  of  town  or 
assessors  of  plantations,  shall  be  punished  by  fine  of  ten 
dollars  for  each  offense,  to  be  recovered  on  complaint ; 
one-half  to  the  prosecutor,  and  one-half  to  the  town  in 
which  the  offense  is  committed. 

7.  The  erection, "*  continuance  or  use  of  any  building  or 

other  place  for  the  exercise  of  a  trade,  employment,  certain nuisan- 
or  manufacture,  which,  by  occasioning  noxious  exhala-  ces  described, 
tions,  offensive  smells,  or  other  annoyances,  becomes  ^- S-.  c.  17,  §  5. 
injurious  and  dangerous  to  the  health,  comfort,  or  proper- 
ty of  individuals  or  the  public ;  causing  or  suffering  any 
offal,  filth,  or  noisome  substance  to  be  collected,  or  to 
remain  in  any  place  to  the  prejudice  of  others  ;  obstruct- 
'  ing  or  impeding,  without  legal  authority,  the  passage  of 
any  navigable  river,  harbor,  or  collection  of  water ;  cor- 
rupting, or  rendering  unwholesome,  or  impure,  the  water 
of  a  river,  stream,  or  pond  ;  unlawfully  diverting  it  from 
its  natural  course  or  state  to  the  injury  or  prejudice  of 
others ;  and  the  obstructing  or  incumbering  by  fences, 
buildings  or  otherwise,  the  highways,  private  ways,  streets, 
alleys,  commons,  common  landing  places,  or  burying 
grounds,  shall  be  deemed  nuisances  within  the  limitations 
and  exceptions  hereafter  mentioned. 

8.  The  municipal  officers^  of  a  town,  when  they  judffe  Places  to  be 

•  1  1  xu        •     r         assiened  for 

it  necessary,  may  assign  some  place  or  places  therein  for   un>vhoisome 

•^  -^  ^  ^  ^  employments. 

8  Adopted  by  city  council  October  3, 1881,  ^^^^"  ^  ^' 

*  See  cases  cited  on  first  page,  title  "  Nuisances,"  ante,  and  especially 
Franklin  Wharf  v.  Portland,  67  Maine,  46. 
8  State  V.  Hart,  34  Maine,  36. 


320 


NUISANCES. 


Proceedings 
when  places 
so  assigned 
become 
offensive. 

Ibid.  §  7. 


When  build- 
ings for  the 
manufacture 
of  gunpowder 
shall  be 
deemed 
nuisances. 

Ibid.  §  8. 

And  1877,  c.  219. 


Burning  bricks 
in  parts  of  a 
town  prohib- 
ited by  vote, 
nuisances. 

R.  S.,  1871,  c. 
127,  §  9. 


the  exercise  of  any  trade,  employment,  or  manufacture 
aforesaid,  and  forbid  their  exercise  in  other  places,  under 
penalty  of  being  deemed  public  or  common  nuisances  and 
liable  to  be  dealt  with  as  such.  All  such  assignments 
shall  be  entered  in  the  records  of  the  town  and  may  be 
revoked  when  said  officers  judge  proper. 

9.  When  any  place  or  building  so  assigned  becomes  a 
nuisance,  offensive  to  the  neighborhood,  or  injurious  to 
the  public  health,  any  person  may  complain  thereof  to 
the  supreme  judicial  court,  and,  if  after  notice  to  the 
party  complained  of,  the  truth  of  the  complaint  is  ad- 
mitted by  default,  or  made  to  appear  to  a  jury  on  trial, 
the  court  may  revoke  such  assignment,  and  prohibit  the 
further  use  of  such  place  or  building  for  such  purposes, 
under  a  penalty  not  exceeding  one  hundred  dollars  for 
each  month's  continuance  after  such  prohibition,  to  the 
use  of  said  town ;  and  may  order  it  to  be  abated,  and 
issue  a  warrant  therefor,  or  stay  it  as  hereafter  provided  ; 
and  if  the  jury  on  said  trial,  acquits  the  defendant,  he 
shall  recover  costs  of  the  complainant. 

10.  If  a  person  carries  on  the  business  of  manufactur- 
ing gunpowder,  or  of  mixing  or  grinding  the  composition 
therefor,  in  any  building  within  eighty  rods  of  any  valu- 
able building  not  owned  by  such  person  or  his  lessor, 
erected  when  such  business  was  commenced,  the  former 
building  shall  be  deemed  a  public  nuisance ;  and  such 
person  may  be  prosecuted  accordingly. 

11.  A  town,  at  its  annual  meeting,  may  prohibit  the 
burning  of  bricks,  or  the  erecting  of  brick  kilns  within 
such  parts  thereof  as  they  deem  for  the  safety  of  the 
citizens  or  their  property.  And  if  any  person,  by  him- 
self or  others,  violates  such  prohibition,  the  municipal 
officers  shall  cause  said  bricks  or  brick  kiln  to  be  forth- 
with removed,  at  the  expense  of  the  owner  thereof  ;  and 
the  offender  shall  be  liable  to  a  fine  not  exceeding  two 
hundred  dollars  to  the  use  of  said  town  ;  and  if  said 
bricks  or  brick  kiln  are  not  removed  before  a  conviction, 
the  court  may  issue  a  warrant  for  the  removal  thereof,  or 
stay  it  as  hereafter  provided. 


NUISANCES. ,       .  321 

12.  No  stationary  steam  engine  shall  be  erected  in  a  stationary 
town,   unless    the    municipal    officers    have    previously    steam  engine 

not  to  I3G  hmhI 

granted  license  therefor,  designating  the  place  where  the    without 
buildings   therefor   shall  be   erected,  the  materials  and    license, 
mode  of  constniction ,  the  size  of  the  boiler  and  furnace,  ^^^*^§i^- 
and  such  provisions  as  to  height  of  chimneys  or  flues,  and 
and  protection  against  fire  and  explosion,  as  they  judge 
proper  for  the  safety  of  the  neighborhood.     Such  license 
is  to  be  granted  on  written  application,  and  recorded  in 
the  town  records,  and  a  certified  copy  of  it  furnished, 
without  charge,  to  the  persons  applying  for  the  license. 

13.  When  application  is  made  for  such  license,' said  Duty  of  town 
officers  shall  assign  a  time  and  place  for  its  consideration,    app^^aon 
and  give   public  notice  thereof  at  least   fourteen   days    for  a  license, 
beforehand  as  they  think  proper,  at  the  expense  of  the  ^^^^'  ^  ^^' 
applicant,  that  all  persons  interested  may  be  heard  before 
granting  a  license. 

14.  Any  such  engine^  erected  without  license  shall  be  Such  engine 

erectea  with- 

deemed  a  common  nuisance  without  any  other  proof  than    out  license  to 

be  deemed  a 
Its  use.  nuisance. 

15.  Said  officers  shall  have  the  same  authority  to  abate  n^id.  §19. 
and  remove  a  steam  engine,  erected  without  license,  as  is  ^o^^rof  town 

°        '  '  ofllcers  to 

given  to  the  health  committee  or  health  officer  in  chapter    remove  such 
fourteen.  Revised  Statutes,  for  the  removal  or  discontin-    ^"^^®- 
uance  of  the  nuisances  therein  mentioned. 

16.  The  city  of  Portland  is  hereby  authorized  to  reg-  steam whisUes, 
ulate  or  prohibit  the  use  of  all  or  any  kind  or  class  of    and  the  proper 
steam  whistles  within  the  city  limits  by  ordinance,  and    under  author- 
impose  penalties   for  the   breach  thereof  upon  persons    ityofcity. 
owning  or  using  such  whistles,  or  upon  both,  not  exceed-  ^^*  18«4,  c. 
ing  one  hundred  dollars  for  each  offence,  to  be  recovered 

by  complaint  or  indictment  in  any  court  of  competent 
jurisdiction,  and  all  penalties  recovered  shall  be  for  the 
use  of  the  city. 

Ordinances. 
1.  The  use  of  all  kinds  of  steam  whistles  within  Forbidding 
the  city  limits  is  prohibited,   except  as  hereinafter  ord^™!^'"''- 

provided.  June  25, 1874. 

«  Brightman  v.  Bristol,  65  Maine,  426. 


322  *  NUISANCES. 

Penalty.  2.  If  any  person  shall,  within  the  city  limits,  use 

any  steam  whistle,  the  person  so  using  the  same,  and 
also  the  owner  of  such  steam  whistle,  shall  severally 
forfeit  and  pay  a  penalty  of  fifty  dollars  every  time 
such  whistle  shall  be  used  in  violation  of  the  provi- 
sions of  this  ordinance. 
Not  to  apply  to  ^'  This  Ordinance  shall  not  apply  to  the  use  of 
locomotives,  whistles  on  locomotives  when  absolutely  necessary  to 
call  for  brakes  to  be  applied  to  prevent  collision  or 
damage,  or  to  the  use  of  whistles  on  stationary  engines 
for  the  purpose  of  notifying  employees  when  the 
works  are  to  start  up  or  shut  down,  or  the  use  of 
steam  fire  engine  whistles  in  time  of  fire. 

[See  title  "  Health."] 


Ordinances  and  By-La^ws/ 


Statutes. 


1.  What  by-laws  and  ordinances  towns  may  make. 

2.  Protection  of  trees,  hydrants,  &c. 

Ordinances. 

1.  Enacting  style  of  city  ordinances. 

2.  Ordinances  to  be  published. 

3.  Time  of  ordinances  taking  eflfect. 

4.  Construction  of  ordinances,  rules  applicable. 

5.  Fines  to  enure  to  use  of  city,  except,  &c. 

Statutes. 

1.  Towns,  cities,  and  village  corporations  may  make  To^^g^nd 
such  by-laws  or  ordinances  as  they  think  proper,  not  cities  may 
inconsistent  with  the  laws  of  the  State,  and  enforce  them    ^^'^  ^'  ^l' 

'  R.  S.,  1871,  c.  3' 

by  suitable  penalties,  for  the  purposes  and  with  the  limi-    §  40. 
tations  following : 

First.  For   managing  their   prudential   affairs  as  they 
judge   conducive   to   their   peace   and   good   order,  and  ^p^XnuS"^ 
annex  penalties  not  exceeding  five  dollars  for  one  offence,    affairs, 
subject  to  the  approval  of  the  county  commissioners,  or  i^id. 
a  judge  of  the  supreme  judicial  court. 

Second.  For  establishing  such   police   regulations    as  Police  reguia- 
they  may  deem   necessary  for  the  prevention  of  crime,      °°^* 
the    protection   of    property   and    the   preserv^ation    of   ^.25.     '       ' 
good  order. 

Third.  Respecting  infections,  diseases  and  health.  ^diseases! 

Fourth.  For   regulating   the   going   at  large  of  dogs,  Goiy  at  large 
swine,  and  cattle  therein. 

1  An  ordinance  is  invalid  if  repugnant  to  a  general  law  of  tiie  State. 
Burke  r.  Bell,  36  Maine,  317.  Ordinances,  if  unreasonable  or  oppressive, 
are  void.  Jones  v.  Sanford,  66  Maine,  585.  No  by-law  can  enlarge  corpor- 
ate powers.  Andrews  v.  W.  M.  F.  Ins.  Co.,  37  Maine,  2.56.  Mayor  and 
aldermen  have  no  power  to  permit  a  violation  of  an  ordinance.  Common- 
wealth V.  Worcester,  3  Pick.,  462.  As  to  time  when  ordinances  take  effect 
see  109  Mass.,  355. 


324 


ORDINANCES  AND   BY-LAWS. 


Wood,  bark, 
coal. 


Wooden 
buildings. 

See  E.  S.,  c.  1' 
§26. 


Omnibuses, 

stages  and 
fares. 


Fifth.  Respecting  the  measure  and  sale  of  wood,  bark, 
and  coal  brought  to  market,  and  the  teams  coming  there- 
with. 
Sidewalks,  &c.  Sixth.  For  reserving  and  setting  off  such  portions  of 
their  streets  for  sidewalks  as  they  deem  proper,  and  keep- 
ing them  clear  of  snow  and  other  obstructions,  and  for 
planting  and  preserving  trees  by  the  side  thereof. 

Seventh.  Respecting  the  erecting  of  wooden  buildings 
therein,  or  buildings,  the  exterior  of  which  shall  be  in 
part  of  wood,  and  defining  their  proportions  and  dimen- 
sions ;  and  any  building  erected  contrary  to  a  by-law  or 
ordinance  adopted  under  this  specification  shall  be  deemed 
a  nuisance  and  dealt  with  accordingly. 

Eighth.  For  the  due  regulation  of  omnibuses,  stages, 
hacks,  coaches,  wagons,  carts,  drags,  hand-carts,  and  all 
other  vehicles,  used  wholly  or  partly  therein  for  business, 
pleasure,  or  the  conveyance  of  passengers  by  horse-power 
or  otherwise,  and  by  establishing  the  rates  of  fare,  their 
routes  and  places  of  standing,  and  in  any  other  respect ; 
but  by-laws  and  ordinances  for  this  purpose  shall  be  pub- 
lished one  week  at  least  before  they  take  effect,  in  some 
newspaper  printed  therein,  and  penalties  for  their  breach 
shall  not  exceed  twenty  dollars  for  one  offence,  to  be 
•recovered  by  complaint  to  the  use  of  such  city,  town  qr 
corporation. 

Ninth.  For  the  effectual  protection  of  persons  against 
injury  from  the  sliding  of  snow  and  ice  from  the  roofs 
of  buildings  therein ;  but  the  authorities  of  such  cities, 
towns  and  corporations  shall  notify  the  owners  of  the 
buildings  of  by-laws  or  ordinances  adopted  under  this 
specification,  and  if  they  do  not  comply  with  them  in 
thirty  days  after  notice,  they  shall  be  liable  for  all  injury 
sustained  by  any  person  in  consequence  thereof ;  and 
said  authorities,  at  the  expense  of  their  cities,  towns  or 
corporations,  may  place  the  required  guards  or  other 
obstructions  on  the  roofs  of  such  buildings,  and  the 
reasonable  charges  therefor  may  be  recovered  of  such 
owners. 


By-laws  to  be 
published. 


Protection 
from  falling 
ice  and  snow. 


ORDINANCES  AND  BY-LAWS.  325 

Tenth.  Any    city    may    establish    localities   for,    and  sale  of  fresh 
regulate  the  sale  of  fresh  meat  and  fish  therein,  and  fix    meat  and  flsh. 
penalties  for  breach  thereof. 

2.  Towns, 2  cities  and  village  corporations  may  make 
such  by-laws  as  they  deem  proper,  respecting  the  location  Protection  of 
of  trees  and  hydrants  within  the  limits  of  their  roads,    ^^^^'J^^^. 
ways  and  streets ;    and  no  trees,  lamp  posts,  posts  or  tj^qsc  located 
hydrants  which  are   now  located  or  shall  hereafter   be    according  to 
located   in   accordance   with  the   requirements   of    such    ^ot  a  defect, 
by-laws   and   ordinances,   shall  be  deemed  a  defect  in  i87i,  c.  i78. 
such  road,  way  or  street. 

Ordinances. 

1.  All  by-laws  of  the  city  shall  be  denominated  Enacting  stjie 
ordinances,  and  the  enactinor  style  shall  be,  "Be  it  **l^^'il**'^*" 

'  o        •/  '  nances. 

ordained  by  the  mayor,  aldermen,  and  common  council  Rev.  ord.  ises. 
of  the  city  of  Portland,  in  city  council  assembled,  as 
follows :" 

2.  The  ordinances  of  the  city  council  shall  be  pub-  ojdi^ancesto 

/^         ^  ^  be  published. 

lished  and  promulgated  by  inserting  the  same  two  ^^^^ 
weeks  successively  in  one  or  more  newspapers  pub- 
lished in  the  city  of  Portland ;  but  this  section  is 
directory,  merely,  and  a  failure  to  comply  ^vith  the 
same,  shall  not  affect  the  validity  of  any  order  or 
ordinance. 

3.  Any  ordinance  enacted  by  the  city  council  shall  ^.       ,    ^. 

•^     .  _  -^     _  -^  Time  of  ordi- 

take  effect  and  go  into  operation  in  ten  days  from  and   nance  taking 
after  the  day  on  which  it  shall  have  been  approved  by  j^^^^*^ ' 
the  mayor,  unless  the  provisions  of  any  ordinance 
shall  otherwise  prescribe. 

4.  In  the  construction  of  ordinances  the  same  rules 

shall  be  obseiwed  so  far  as  they  may  be  applicable,  ^^^^^^""^ 
as  are  provided  in  the  revised  statutes  of  this  State,   mies  appuca- 
chap.  1,  sect.  4,  unless  such  construction  would  be  ^^^^ 
inconsistent  with  the  manifest  intent  of  the  city  council, 
or  repugnant  to  the  context  of  the  same  ordinance. 

»  Also  to  regulate  sale  of  old  junk,  &c.,  1881,  c.  11. 


326  ORDINANCES  AND  BY-LAWS. 

Fines  to  enure       5 .  All  fines  and  penalties  for  the  violation  of  any 
city^lxcepS    ^^  ^^^®  ordinances  of  the  city  council,  or  any  of  the 
ii)id.  orders  of  the  mayor  and  aldermen,  shall  be  recoverable 

by  prosecution  in  the  municipal  court  of  Portland,  or 
any  court  which  may  be  established  in  place  thereof, 
and  when  recovered,  shall  enure  to  the  use  of  the 
city,  and  shall  be  paid  into  the  city  treasury;  except 
in  those  cases  where  it  may  be  otherwise  provided  by 
the  acts  of  the  legislature,  or  the  ordinances  of  the 
city. 


Paupers.' 


Statutes. 


1 .  Election  of  overseers  of  poor. 

2.  Settlement,  how  acquired. 

I.    Married  women, 
n.    Legitimate  children, 
ni.     Illegitimate  children. 
IV,     Division  of  towns. 
V.    Apprenticeship. 
\T[.    Residence  five  years, 
vn.    Residence  March  21,  1821. 
vm.     Incorporation  of  towns. 

3.  Settlements  remain  till  new  ones  acquired. 

4.  "  not  affected  by  revision  of  laws,  when. 

5.  Duty  of  towns. 

6.  "      overseers. 

7.  Kindred  liable. 

8.  "        may  be  assessed,  how. 

9.  Pauper  children  may  be  bound  by  overseers. 

10.  Overseers  to  inquire  as  to  treatment  of  bound  children. 

11.  Damages  for  ill  treatment  of  children. 

12.  Child  becoming  of  age  may  sue  master, 

13.  Child  running  away  may  be  arrested. 

14.  Child  discharged  on  complaint  of  master. 

15.  Pauper  adults  may  be  bound  for  one  year. 

16.  Persons  bound  may  complain  to  court. 

17.  Overseers  to  relieve  all  destitute  persons. 

18.  Duties  of  overseers  where  there  is  a  jail. 

19.  Notice  to  town  liable  for  relief. 

20.  Answer  to  notice  to  be  returned  wltliin  two  months. 

21.  Notice  by  mail  sufficient. 

22.  Persons  removed,  returning,   may  be  sent  to  house  of 

correction. 

23.  Foreign  paupers  may  be  removed  to  the  place  where  they 

belong. 

1  For  definition  of  "  poor  persons,"  see  10  Cushing,  239.  Concerning 
authority  of  overseers  to  contract  debts  for  supplies  for  paupers,  see  8 
Allen,  73. 

20 


328 


PAUPERS. 


24.  Wlien  the    towns  are  liable  to  inhabitants  for  private 

support  of  paupers. 

25.  Overseers  to  complain  of  intemperate  persons. 

26.  Towns  may  recover  of  paupers. 

27.  Overseers  to  take  charge  of  property  of  deceased  paupers. 

28.  Overseers  may  prosecute  and  defend. 

29.  Penalty  for  bringing  paupers  into  a  town. 

30.  Liability  of  common  carriers  for  bringing  in  non-resident 

paupers. 

31.  Soldier  not  to  be  considered  pauper. 


Election  of 
overseers  of 
poor,  city 
charter,  1863, 
§8. 


Settlement, 

how  acquired. 
R.S.,1871,  C.24, 

§1. 


Married 
women. 


Legitimate 
children. 


Statutes. 

1.  There  shall  be  elected  at  the  first  election  of  sub- 
ordinate officers,  in  Portland  under  this  act,  in  March, 
twelve  persons  for  overseers  of  the  poor  and  work 
house  ;  four  of  whom  shall  be  elected  for  one  year,  four 
for  two  years,  and  four  for  three  years  ;  and  all  subse- 
quent annual  elections  shall  be  for  the  term  of  three 
years. 

2.  Settlements,  subjecting  towns  to  pay  for  the  support 
of  persons  on  account  of  their  poverty  or  distress,  are 
acquired  as  follows  : 

I.  A  married  woman^  has  the  settlement  of  her  hus- 
band, if  he  has  any  in  the  State ;  if  he  has  not,  her  own 
settlement  is  not  affected  by  her  marriage.  When  it 
appears  in  a  suit  between  towns  involving  the  settlement 
of  a  pauper,  that  a  marriage  was  procured  to  change  it 
by  the  agency  or  collusion  of  the  officers  of  either  town, 
the  settlement  is  not  affected  by  such  marriage. 

II.  Legitimate  children^  have  the  settlement  of  their 
father,  if  he  has  any  in  the  State  ;  if  he  has  not,  they 
have  the  settlement  of  their  mother  within  it ;  but  they 
do  not  have  the  settlement  of  either,  acquired  after  they 
are  of  age  and  have  capacity  to  acquire  one. 


2  For  general  rule,  see  Hallowell  «,  Augusta,  52  Maine,  216;  Howland  v. 
Burlington,  53  Maine,  54;  Bucksport  v.  Rockland,  56  Maine,  22.  As  to  wife 
of  an  alien,  Sanford  v.  Mollis,  2  Maine,  194.  Augusta  v.  Kingfield,  36  Maine, 
235.    Also  see  10  Cush.,  517, 105  Mass.,  293.  ' 

8  Hampden  v.  Brewer  24  Maine,  281 ;  Brewer  v.  East  Machias,  27  Maine, 
489;  Farmington  v.  Jay,  18  Maine,  376;  Ldvermore  v.  Peru,  55  Maine,  469, 106 
Mass.,  598,  37  N.  H.,  441. 


PAUPERS.  329 

III.  Children,  legitimate,  or  illegitimate,^  do  not  ac- 
quire a  settlement  by  birth  in  the  town  where  they  are 

born.     Illegitimate  children  have  the  settlement  of  their  legitimate 
mother,  at  the  time  of  their  birth ;  but  when  the  parents   chUdren. 
of  such  children  born  after  March  24,  1864,  intermarry, 
they  are  deemed  legitimate,  and  have  the  settlement  of 
their  father. 

IV.  Upon  division  of  a  town,  a  person  having  a  settle- 
ment therein  and  absent  at  the  time,  has  his  settlement 
in  that  town,  which  includes  his  last  dwelling  place  iu 

the  town  divided.  When  part  of  a  town  is  set  off  from  towns, 
it  and  annexed  to  another,  the  settlement  of  a  person 
absent  at  the  time  of  such  annexation  is  not  affected 
thereby.  When  a  new  town,  composed  in  part  of  one  or 
more  existing  towns,  is  incorporated,  persons  settled  in 
such  existing  town  or  towns,  who  have  begun  to  acquire 
a  settlement  therein,  and  whose  homes  were  in  such  new 
town  at  the  time  of  its  incorporation,  have  the  same 
rights  incipient  and  absolute  respecting  settlement,  as 
they  would  have  had  in  the  town  where  their  homes  for- 
merly were.  5 

V.  A  minor  who  serves  as  an  apprentice  in  a  town  four  Apprentice- 
years,  and  within  one  year  thereafter  sets  up  such  trade    ^^p- 
therein,  being  then  of  age,  has  a  settlement  therein. 

VI.  A  person^  of   age,  having  his  home  in  a  town  five  ReJ^gnce  five 
successive  years  without  receiving,  directly  or  indirectly,  years, 
supplies  as  a  pauper,  has  a  settlement  therein. 

VII.  A  person  having  his  home  in  a  town  on  March  Residence 
twenty-one,   eighteen  hundred  and  twenty-one,  without  ^^^-21.1821. 
having  received  supplies   as  a  pauper  within  one  year 

before  that  date,  acquired  a  settlement  therein. 

VIII.  Persons  having  their  homes  in  an  unincorporated  jncorporationi 
place  for  five  years  without  receiving  supplies  as  a  pauper,    ot  towns. 

*  Fayette  r.  Leeds,  10  Maine,  409;  Hallowell  v.  Augusta,  52  Maine,  216; 
Raymond  v.  Nortfi  Berwick;  60  Maine,  114,  8  Cush.,  75,  8  Allen,  551. 

5  Lewiston  v.  Auburn,  32,  Maine,  492;  Freeport  v.  Pownal,  23  Maine,  472; 
Ripley  v.  Levant,  42  Maine,  308. 

«  Brewer  tJ.  Llnneus,  36  Maine,  428;  Ellsworth  t?.  Gouldsboro',  55  Maine, 
94;  Burlington  v.  Swanville,  64  Maine,  78;  Glenburn  v.  Naples,  69  Maine,  68; 
Lewiston  v.  Harrison,  69  Maine,  68.  As  to  eflfect  of  emancipation,  see  Veazle 
V.  Machias,  49  Maine,  105;  Monroe  v.  Jackson,  55  Maine,  55. 


330 


PAUPERS. 


Settlements 
remain  till 
new  ones 
acquired. 

R.  S.,  1871,  c. 
24,  §  2. 

Eevision  of 
laws  does  not 
aflfect  them. 

Ibid.  §  3. 


Duty  of  towns. 
Ibid.  §  4. 


Overseers' 
duties. 

Ibid.  §  5. 

Poor  not  to  be 
sold. 

Towns  may- 
contract. 
Ibid.  §  6. 


Kindred  liable. 
Ibid.  §  9. 


Court  on  com- 
plaint may 
assess  them. 


and  having  continued  their  homes  there  to  the  time  of  its 
incorporation,  acquire  settlements  therein.  Those  hav- 
ing homes  in  such  places  less  than  five  years  before 
incorporation,  and  continuing  to  have  them  there  after- 
wards, until  five  years  are  completed,  acquire  settlements 
therein. 

3.  Settlements'''  acquired  under  existing  laws,  remain 
until  new  ones  are  acquired.  Former  settlements  are 
defeated  by  the  acquisition  of  new  ones. 

4.  Persons  who  have  begun  to  acquire  settlements 
under  existing  laws,  are  not  to  be  affected  by  a  repeal 
of  them,  and  a  re-enactment  of  'their  provisions  in 
substance. 

5.  Towns  are  to  relieve  persons  having  a  settlement 
therein,  when  on  account  of  poverty,  they  need  relief. 
They  may  raise  money  therefor  as  for  other  charges  of 
the  town,  and  may  at  annual  meeting  choose  not  exceed- 
ing twelve  legal  voters  to  be  overseers. 

6.  Overseers  are  to  have  the  care  of  persons  charge- 
able to  their  town,  and  are  to  cause  them  to  be  relieved 
and  employed,  at  the  expense  of  the  town,  and  as  the 
town  directs,  when  it  does  direct.  Persons  chargeable 
are  not  to  be  set  up  and  bid  off  at  auction,  either  for 
support  or  service ;  but  towns  at  their  annual  meet- 
ings, when  the  warrant  contains  an  article  for  the  pur- 
pose, may  contract  for  the  support  of  their  poor  for  a 
term  not  exceeding  five  years. 

7.  The  father,  and  mother,  grandfather,  and  grand- 
mother, children,  and  grand-childen,  by  consanguinity, 
living  within  the  State,  and  of  sufficient  ability,  are  to 
support  persons  chargeable  in  proportion  to  their  respec- 
tive ability. 

8.  A  town  or  any  kindred,^  who  have  incurred  any 
expense  for  the  relief  of  a  pauper,  may  complain  to  the 


7  Monson  v.  Fairfield,  55  Maine,  117,  6  Cush.,  61, 13  Gray,  586.  As  to  eman- 
cipation, see  Lowell  v.  Newport,  66  Maine,  78 ;' Dennysville  r.  Trescott,  30 
Maine,  470 ;  Monroe  v.  Jackson,  55  Maine,  55 ;  Veazie  r.  Machias,  49  Maine,  105; 
Frankfort  v.  New  Vineyard,  48  Maine,  565;  Omeville  v.  Glenbum,  70  Maine, 
353;  Hampden  v.  Troy,  70  Maine,  484. 

8  Hiram  v.  Pierce,  45  Maine,  367;  Calais  v.  Bradford,  51  Maine,  414;  Tracy 
V.  Rome,  64  Maine,  201. 


PAUPERS.  331 

supreme  judicial  court  in  the  county,  where  any  one  of  ibid.  §  lo. 
such   kindred   resides ;  and   the   court   may   cause   such  ^®^  ^^^^  §§  ^^' 

,  .     ,       ,         ,  -  -  -  -        12,  and  13,  pro- 

kindred  to  be  summoned,  and  upon  a  hearmg  or  default,    vidingfor 
may  assess  and  apportion  a  reasonable  sum  upon  such    complaint, 
kindred,  as  are  found  to  be  of  sufficient  ability,  for  the    ^«^^«^'^^^*' 
support  of  such  pauper  to  the  time  of  such  assessment ; 
and  may  enforce  payment  thereof  by  warrant  of  distress. 
Such  assessment  is  not  to  be  made  to  pay  any  expense 
for  relief  afforded  more  than  six  months  before  the  com- 
plaint was  filed. 

9.  The   minor   children   of  parents  chargeable, ^  or  of  ChUdrenmay 
parents   unable  in  the  opinion  of  overseers   to   maintain    te^nnsTnd 
them,    and   such   children   chargeable   themselves,  may,    time.- 
without  their  consent,  be  bound  by  the  overseers,  by  deed^^^*^'  ^  ^*' 

of  indenture,  as  apprentices  or  as  servants  to  any  citizen 
of  the  State,  to  continue  till  the  males  are  twenty-one,  and 
the  females  eighteen  years  of  age  or  are  married,  unless 
sooner  discharged  by  the  death  of  their  master.  Provision 
is  to  be  made  in  such  deed  for  the  instruction  of  males  to 
read,  write,  and  cypher,  and  for  females  to  read  and  write  ; 
and  for  such  further  instruction  and  benefit  within  or  at 
the  end  of  the  term,  as  the  overseers  think  reasonable. 

10.  The  overseers  are  to  inquire  into  the  treatment  of 

^such  children,   and  to  protect  and  defend  them  in  the  overseers  to 

'      .  inquire,  mav 

enjoyments  of  their  rights  in  reference  to  their   masters    complain  of 
and  others.     They  may  complain  to  the  supreme  judicial    master.  Court 
court   in  the  county,  where  their  town  is,  or  where  the    child,  who 
master   resides,  against   such  master  for  abuse,  ill-treat-    may  be  bound 
ment  or  neglect,  of  a  child  bound  to  him.     The  court  is    *^^^"* 
to   cause  him  to  be  notified,  and  upon  a  hearing  of  the 
parties   or  on  default,  may,  for  sufficient  cause   proved, 
discharge  the  child  with  costs,  or  dismiss  the  complaint, 
with    or   without   costs   at   discretion.        Any   child   so 
discharged,  or  whose  master  has  deceased,  may  be  bound 
anew  for  the  remainder  of  the  time. 

11.  The  overseers,  by  a  suit  on  the  deed  of  indenture,  oaraages^or^ 
may  recover  damages  for  breaches  of  its  covenants.    The    ^Jfi^^^'^^ 
amount  so  recovered,  deducting  reasonable  charges,  is  to  ibid.  §i6. 

»  Milo  V.  Harmony,  18  Maine,  415;  Eastport  r.  Lubec,  64  Maine,  244;  Leeds 
r.  Freeport,  10  Maine,  356. 


332  PAUPERS. 

be  placed  in  the  treasury  of  the  town,  to  be  applied  by 
the  overseers  to  the  benefit  of  the  child  during  his  term, 
or  be  paid  to  him  at  its  expiration.     The  court  on  trial  of 
such  suit,  for  sufficient   cause  exhibited,  may  discharge 
the  child.     Such  suit  is  not  abated  by  the  death  of  over- 
seers or  by  the  expiration   of  their  term  of  office ;  but 
shall   proceed   in   their  names,  or   in   the  names  of  the 
survivors. 
Child  be  omin        ^^*  ^^^^  ^^^^^^^  withiu  two  years  after  the  expiration  of 
ofagemaysue  his  term,  may  commence  an  action  of  trespass,  or  case, 
master  for       ^^  ^  g^^^  ^^  ^j^^  deed,  to  recover  damasjes  for  a  breach  of 
damages.  • ,  i  i 

Ibid  §17  ^*®  covenants,  or  for  mjuries,  other  than  such  as  have 

been  tried  in  a  suit  between  the  overseers  and  master. 

He  is  for  this  purpose  entitled  to  the  custody  of  the  deed 

of  indenture  when  necessary,  or  to  a  copy  of  it,  and  he 

may  sue  upon  it  as  assignee  without  an  assigment  of  it. 

Child  who  has        13.  AVhen  a  child  so  bound  departs  from  service  with- 

departedmay  out  leave,    his  master  or  a  person  in  his   behalf   may 

andretairned.   complalu  on  oath  to  a  trial  justice  in  the  county,  where 

Those  harbor-    lie  resides,  or  where  the  child  is  found,  who  is  to  issue  a 

ing  or  enticing  ^  warrant  and  cause  such   child   to  be   brought   before 

Ibid  5 18  ^^^^'   ^^^   when    the   complaint   is    supported,  he    is    to 

order  the  child  to  be  returned  to  his  master,  though  he 

resides  in  another   county,  or  commit  him  to  a  jail  or^ 

house   of     correction   to   remain   not   exceeding   twenty 

days,  unless  sooner  discharged  by  his  master.     A  person, 

who  entices  such  a  child  to  leave  his  master,  or  harbors 

him  knowing  that  he  has  so  departed,  is  liable  to  the 

master  for  all  his  damages. 

Child  may  be         14.  A  master  may  complain  to  the  court  in  the  county, 

discharged  on  ^here   he   resides,   or  where  the  overseers  making  the 

complaint  of 

master.  indenture  resided,  for  gross  misbehavior  of  the  child,  and 

Ibid.  §  19.  the  court  after  notice  to  the  child  and  to  the  overseers  of 

the  town  binding,  may  discharge  the  child. 
Persons  of  age       ^^5^  Overseers  may   set  to  work,  or   by  deed  bind  to 

may  be  bound  ./  7  ^ 

for  one  year.    Service  upon  reasonable  terms,  for  a  time  not  exceeding 
Ibid.  §20.  one   year,  persons  having   settlements  in  their  town  or 

having  none  in  the  State,  married  or  not  married,  able  of 
body,  upwards  of  twenty-one  years  of  age,  having  no 
apparent  means  of  support,  and  living  idly  ;  and  all  per- 
sons liable  to  be  sent  to  the  house  of  correction. 


PAUPERS.  333 

16.  A  person  so  bound  may  complain  to   the  court,  person  bound 
m  the   county  where  he  or  the  overseers  reside,  and  the   ™*y  complain 
court  after  notice  to  the  overseers,  and  master,  may  upon  ji^.,,  21 

a  hearing,  dismiss  such  complaint,  or  discharge  him  from 
the  master  and  overseers,  and  award  costs  to  either  party 
or  against  the  town  at  discretion. 

17.  Overseers!^  are  to  relieve  persons  destitute,  found  Overseers  to 
in  their  towns  and  having  no  settlement  therein,  and  in   relieve  per- 

*^  sons  having 

case  of  decease,  decently  bury  them;  the  expenses  setuements  in 
whereof  and  of  theii*  removal  incurred  within  three  other  towns, 
months  before  notice  given  to  the  town  chargeable, 
may  be  recovered  by  the  town  incurring  them  against  the 
town  liable,  in  an  action  commenced  within  two  years 
after  the  cause  of  action  accrued,  and  not  otherwise  ;  and 
may  be  recovered  of  their  kindred  in  the  manner  before 
provided  in  this  chapter.  Recovery  in  such  action  against 
a  town  estops  it  from  disputing  the  settlement  of  the  pau- 
per with  the  town  recovering. 

18.  Overseers^i  of  a  town,  in  which  there  is  a  county  Overseers 
jsUl,  may,  by  their  written  order,  set  to  work  so  far  as    ^  jaii,  duties. 
necessary  for  his  support,  any  debtor  committed,  and  then  Liability  of 
chargeable  t(^uy  town  in  the  State  for  his  support.    The    p^ 
town   where   he  has  a  settlement,   is   liable  to  pay  the  ibid.  §26. 
expenses  incurred  not  so  paid  by  him  ;  and  the  town  incur- 
ring them  may  recover  the  same  of  the  creditor,  at  whose 

suit  he  was  committed  at  the  rate  fixed  by  law  for  his 
support. 

19.  Overseers  are  to  send  a  written  notice^^  signed  by  Notice  to  be 

one  or  more  of  them,  stating  the  facts  respecting  a  per-    givenof  re- 
,  ,      .  '  ^  «     f  Uef  to  town 

son  chargeable  m  their  town,  to  overeers  of  the  town    nabie. 

where  his  settlement  is  alleged  to  be,  requesting  them  to  iwd.  §  27. 

remove   him,   which   they   may   do   by   a   written   order 

dii-ected  to  a  person  named  therein,  who  is  authorized 

to  execute  it.     When  paupers  are  sought  to  be  removed 

w  Norridgewock  v.  Solon,  49  Maine,  3&5, 550;  Holden  r.  Brewer,  38  Maine, 
472;  Newry  r.  Gllead,  60  Maine,  154;  Kennedy  v.  Weston,  65  Maine,  596. 

^^  Norridgewock  v.  Solon,  sitpra. 

«  Eennebunkport  v.  Buxton,  26  Maine,  61;  Cutter  v.  Maker,  41  Maine  .594; 
Verona  r.  Penobscot,  56  Maine,  11;  Fayette  v.  Llvermore,62  Maine,  229; 
Bowdolnham  r.  Phlpsburg,  63  Maine,  497 ;  East  Machias  v.  Bradley,  67  Maine, 
533;  Veazle  v.  Howland,  53  Maine,  39. 


334 


PAUPERS. 


Complaint 
where  pau- 
pers refuse  to 
go  with  person 
appointed  to 
remove  them. 

1879,  c.  157. 


Complaint. 

Proceedings. 
Ibid. 


Fees  and  costs. 
Ibid. 


Answer  to  be 
returned 
within  two 
months. 

R.S.,1871,c.24, 
§2& 


to  the  town  of  their  alleged  settlement,  under  the  pro- 
visions of  section  twenty-seven,  chapter  twenty-four  of 
revised  statues,  and  the  person  to  whom  the  order  of  the 
overseers  is  directed  requests  them  to  go  with  him  in 
obedience  to  said  order,  and  they  refuse  so  to  do,  or 
resist  the  service  of  such  order,  the  person  to  whom  it  is 
directed  may  make  complaint  in  writing,  by  him  signed, 
of  the  facts  aforesaid,  to  any  judge  of  a  police  or 
municipal  court  or  trial  justice  within  the  county  where 
said  paupers  are  then  domiciled.  Said  judge  or  justice 
shall  thereupon,  by  proper  order  or  process,  cause  said 
paupers  to  be  brought  forthwith  before  him  by  any  officer 
to  whorn  the  same  is  directed,  to  answer  said  complaint 
and  show  cause  why  they  should  not  be  so  removed. 
The  complaint  may  be  amended  at  any  time  before  judg- 
ment thereon,  according  to  the  facts.  The  complainant 
and  the  paupers  shall  be  heard  by  such  judge  or  justice 
and  if  upon  such  hearing  the  judge  or  justice  aforesaid 
finds  the  town  to  which  such  paupers  are  sought  to  be 
removed  is  liable  for  their  maintenance  and  support,  of 
all  or  any  of  them,  he  shall  issue  his  order,  under  his 
hand  and  seal,  commanding  the  person  ta  whom  it  is 
directed  to  take  the  bodies  of  said  paupers  and  them 
transport  to  the  town  aforesaid,  and  them  deliver  to  the 
custody  of  the  overseer  of  the  poor  thereof.  The  person 
to  whom  said  last  named  order  is  directed  shall  have  all  the 
power  and  authority  to  execute  the  same  according  to  the 
precept  thereof,  that  the  sheriff  or  his  deputy  now  has  in 
executing  warrants  in  criminal  proceedings.  The  fees  and 
costs  shall  be  the  same  in  the  foregoing  proceedings  as 
ai*e  by  law  chargeable  for  like  services  in  criminal  cases, 
and  shall  be  paid  by  .  the  town  seeking  to  remove  such 
pauper  or  paupers. 

20.  Overseers^^  receiving  such  notice  are,  within  two 
months,  if  the  pauper  is  not  removed,  to  return  a  written 
answer,  signed  by  one  or  more  of  them,  stating  their 
objections  to  his  removal ;  and  if  they  fail  to  do  so,  the 
overseers  requesting  his   removal  may  cause  him  to  be 


13  Veazie  v.  Rowland,  supra;  East  Machlas  v.  Bradly,  supra. 


PAUPERS.  335 

removed  to  that  town  in  the  manner  provided  in  the 
preceding  section  ;  and  the  overseers  of  the  town  to  which 
he  is  sent  are  to  receive  him  and  provide  for  his  support ; 
and  their  town  is  estopped  to  deny  his  settlement  therein, 
in  an  action  brought  to  recover  for  the  expenses  incurred 
for  his  previous  support  and  for  his  removal. 

21.  Whehi"*  a  written  notice  or  answer  provided  for  in  Notice  by  mail 
this  chapter  is  sent  by  mail,  postage  paid,  and  it  arrives    sufficient. 

at  the  post  office  where  the  overseers  to  whom  it  is  directed  ^^^  §  ^9. 
reside,  it  is  to  be  deemed  a  sufficient  notice  or  answer. 

22.  A   person  removed,  as  provided  in  this   chapter.  Persons  re- 
to  the  place  of  his  settlement,  who  voluntarily  returns  to    ^°^^'^^™' 
the  town  from  which  he  was  removed,  without  the  consent    sent  to  house 
of  the  overseers,  on  conviction  thereof  before  a  justice  of    ®'co"^ction. 
the  peace,  may  be  sent  to  the  house  of  correction  as  a 
vagabond. 

23.  Overseers  may  make  complaint,  that  a  pauper  Foreign  pau- 
chargeable  to  their  town  has  no  settlement  in  the  State,  pers  maybe 
to  a  justice  of  the  peace,  who  may,  if  he  thinks  proper,    ^"^^^^ 

by  his  warrant  directed  to  a  person  named  therein,  cause 
such  pauper  to  be  conveyed,  at  the  expense  of  such  town, 
beyond  the  limits  of  this  State,  to  the  place  where  he 
belongs,  but  these  provisions  do  not  apply  to  families  of 
volunteers  enlisted  in  this  State,  who  may  have  been 
mustered  into  the  service  of  the  United  States. 

24.  Towns  are  to  pay  expenses  necessarily   incurred  Towns  liable  to 
for  the  relief  of  paupers  by  an  inhabitant  not  liable  for    individuals. 
their  support,  after  notice  and  request  to  the  overseers,  ^^^'  ^  ^* 
until  provision  is  made  for  them. 

25.  When  a  person  in  their  town,  notoriously  subject  Overseers  to 
to  habits  of  intemperance,  is  in  need  of  relief,  the  over-    co^P^ai"  o' 

pei-sons  intern- 
seers  are  to  make  complaint  to  a  justice  of  the  peace  in    perate. 

the  county,  who  is  to  issue  a  warrant   and   cause   such  iwd.  §  33. 

person  to  be  brought  before  him,  and  upon  a  hearing  and 

proof  of  such  habits,  he  is  to  order  him  to  be  committed 

to  the  house  of  correction,  to  be  there  supported  by  the 

town  where  he  has  a  settlement,  and  if  no  such  town,  at 

the  expense  of  the  county,  until  discharged  by  the  over- 

"  Augusta  T.  Vienna,  21  Maine,  298;  Bangor  v.  Fairfield,  46  Maine,  558. 


336 


PAUPERS. 


Towns  may 
recover  of 
paupers. 

Ibid.  §  34. 

Overseers  take 
possession  of 
property  of 
paupers  de- 
ceased. 

Ibid.  §  35. 


May  prosecute 
and  defend. 
Ibid.  §  36. 


Penalty  for 
bringing  pau- 
pers into  a 
town. 

Ibid.  §  38. 


Common  car- 
riers' liability 
for  bi'ingiug 
non-resident 
paupers  into 
the  state. 


Proviso. 
1875,  c.  41. 


Soldiers  not  to 
be  considered 
paupers. 

1875,  c.  21. 


seers*  of  the   town  in  which   the  house  of  correction  is 
situated,  or  by  two  justices  of  the  peace  and  quornm. 

26.  A  town,  which  has  incurred  expense  for  the  sup- 
port of  a  pauper,  whether  he  has  a  settlement  in  that 
town  or  not,  may  recover  it  of  him,  his  executors,  or 
administrators,  in  an  action  of  assumpsit. 

27.  Upon  the  decease  of  a  pauper  then  chai^eable,  the 
overseers  may  take  into  their  custody  all  his  personal 
property,  and  if  no  administration  on  his  estate  is  taken 
within  thirty  days,  may  sell  so  much  thereof,  as  is  neces- 
sary to  repay  the  expenses  incurred.  They  have  the 
same  remedy  to  recover  any  property  of  such  pauper, 
not  delivered  to  them,  as  his  adminstrator  would  have. 

28.  For  all  purposes  provided  for  in  this  chapter,  its 
overseers,  or  any  person  appointed  by  tl^em  in  writing, 
may  prosecute  and  .defend  a  town. 

29.  Whoever!^  brings  into  and  leaves  in  a  town  where 
he  has  no  settlement,  a  poor  person,  knowing  him  to  be 
so,  with  intent  to  charge  such  town  with  his  support, 
forfeits  a  sum  not  exceeding  one  hundred  dollajs,  to  be 
recovered,  to  the  use  of  such  town,  in  an  action  of  debt. 

30.  Any  common  carrier  that  brings  into  this  state  any 
person  not  having  a  settlement  in  the  state,  shall  cause 
the  removal  beyond  the  lines  of  the  state,  of  any  such 
person,  if  he  falls  into  distress  within  a  year,  .which 
removal  said  common  carriers  are  hereby  authorized  to 
make  ;  provided  such  person  shall  be  delivered  on  board 
a  boat  or  at  a  depot  of  such  common  carrier,  by  the 
overseers  or  municipal  officers  requesting  such  removal ; 
and  in  default  thereof,  such  common  carrier  shall  be  liable 
in  an  action  of  assumpsit  for  the  expense  of  the  support 
of  such  person  after  such  default. 

31.  No  soldier  who  has  served  by  enlistment  in  the 
army,  or  navy  of  the  United  States,  in  the  war  of 
eighteen  hundred  and  sixty  one,  and  in  consequence  of 
injury  sustained  in  said  service,  may  become  dependent 
upon  any  city  or  town  in  this  state,  shall  be  considered  a 
pauper,  or  subject  to  disfranchisement  for  that  cause. 


15  Sanford  V.  Emery,  2  Maine,  5;  Parsonsfleld  v.  Perkins,  2  Maine,  411; 
Houlton  v.  Martin,  50  Maine,  336;  21  Pick.,  83;  110  Mass.,  210;  16  Mass.,  393. 


Pa^^A^nbrokers, 


statutes. 


1.  License  and  removal  of   pawnbrokers,   and  penalty  for 

acting  without  license. 

2.  To  keep  an  accurate  and  particular  account  of  all  business 

done,  under  a  penalty. 

3.  Rate  of  interest  fixed  at  twenty-five  per  cent,  on  loan  of 

twenty-five  dollars,  and  six  on  larger. 

4.  Time  and  mode  of  selling  pawned  property,  and  notice 

thereof,  fixed  under  a  penalty. 
6.    Penalty  for    not  paying  over    proceeds  of    sale,    after 
deducting  amount  due  on  loan. 

1.  The  municipal  officers  of  any  town  may  grant  License  and 
licenses  to  persons  of  good  moral  character,  to  be  pawn-  removal  of 
brokers  therein  for  one  year,  unless  sooner   removed  by    g,^ 

said   officers  for  a  violation  of  law  regulating  their  busi-  k.s.,1871,c.35, 
ness  ;  and  any  person  carrying  on  said  business  without    ^  ^' 
a  license,  shall  be  liable  to  a  penalty  not  exceeding  one 
hundred  dollars. 

2.  Every  pawnbroker  shall  keep  abook,  in  which  he  shall 

enter  the  date,  duration,  amount  and  rate  of  interest,  of  '^ount^of  all 
every  loan  made  by  him  ;  an  accurate  account  and  descrip-    business  done, 
tion  of  the  property  pawned,  and  the  name  and  residence    ^^^^^^^^p®"- 
of  the  pawner,  and,  at  the  same  time,  deliver  to   said  ibid.  §2. 
pawner  a  written  memorandum  signed  by  him,  containing 
the   substance  of  the   above  entry,  and  at  all  reasonable 
times,  submit  said  book  to  the  inspection  of  any  of  the 
officers  aforesaid  ;  and  for  every  violation  of  this  section 
he  shall  forfeit  twenty  dollars. 

3.  No   pawnbroker   shall   directly  or  indirectly  receive 

any  rate  of  interest  greater  than  twenty-five  per  cent  a  Rates  of  inter- 
year  on  a  loan  not  exceeding  twenty-five  dollars,  nor  than    est  fixed, 
six  per  cent  on  a  larger  loan  made  upon  property  pawned,  ^^*^'  §  ^* 
under  a  penalty  of  one  hundred  dollars  for  each  offence. 


338  PAWNBROKEBS. 

Timeandmode       4.  No   pawnbroker   shall   sell   any  property   pawned, 

of  selling         until  it  has  remained  in  his  possession  three  months  after 

er^"  and  ^no-  *^®  expiration  of  the  time  for  which  it  was  pawned  ;  and 

tice  thereof,      all  such  sales   shall  be  at  public  auction  by  a  licensed 

fixed  under  a  auctioneer,  and  after  notice  of  the  time  and  place  of  sale, 
•  penalty. 
Ibid.  §4.  the   name  of  the  auctioneer,    and   a  description  of  the 

property  to  be  sold  are  published  in  a  newspaper  in 
the  town,  where  the  property  is  pawned,  if  any",  and  if 
not,  posted  in  two  public  places  therein  at  least  two  weeks 
before  the  sale  ;  and  all  sales  of  such  property  otherwise 
made,  shall  be  wholly  void,  and  the  pawnbroker,  under- 
taking to  make  the  same,  shall  forteit  twenty  dollars  for 
every  such  offence. 

5.  After  deducting  from  the  proceeds  of  any  sale   as 

Penalty  for  not  aforesaid  the  amount  of  the  loans  the  interest  then  due, 
paying  over  ^^^  ^j-^g  proportional  part  of  the  expenses  of  «ale,  such 
sale,  &c.  pawnbroker  shall  pay  the  balance  to  the  person  entitled 

Ibid.  §  5.  to  redeem  such  property  if  no  sale  had  been  made  ;  and 

if  not  so  paid  on  demand,  he  shall  forfeit  double  the 
amount  so  retained,  one-half  to  the  use  of  the  pawner, 
and  the  other  to  the  use  of  the  State, 


Permits. 


Ordinance. 
Fee  forpermits. 

Whenever  a  peniiit  shall  be  granted  to  any  person, 
under  the  authority  of  any  order  or  ordinance,  the 
applicant  shall  pay  to  the  officer  granting  the  same 
the  sum  of  twenty-five  cents,  except  in  cases  other- 
wise specially  provided  for. 


Fee  for  permits 
Eev.  Ord.  1868. 


Petroleum,    Inspection    of. 


Statutes. 


1.  Inspectors  appointed.     Their  duties. 

2.  Casks,  how  to  be  marked.     False  marks,  how  punished. 

3.  Casks  must  be  inspected.    Penalty  for  neglect. 

4.  Duty  of  Municipal  ofRcers  and  police. 

Ordinance. 

Fees  of  inspectors. 

Statutes. 

1.  In  towns  containing  two  thousand  inhabitants  or 

more,  the  municipal  officers  shall,  on  or  before  the  first  inspectors  of 
day  of  May  annually  appoint  one  or  more  persons,  and    petroleum  to 
fix  their  compensation,  to  be  inspectors  of   petroleum,    j^  ^(^^^"^f*^ 
coal  oil,  and  burning  fluids  who  shall  be  duly  sworn,  and    2000inhabi- 
shall  when  requested  inspect  such  oils  and  burning  fluids  J^^^^.JJ,"^"^®' 

R.  S.  18/1,  c.  39, 

by  applying  the  fire  test  with  G.  Tagliabue's  pyrometer  §  99. 
or  some  other  accurate  instrument,  to  ascertain  the  ignit- 
ing or  explosive  point  thereof  in  degrees  of  Fahrenheit's 
thermometer,  and  they  shall  cause  every  vessel  or  cask 
thereof  by  them  so  inspected  to  be  plainly  marked  by 
the  name  of  such  inspector,  the  date  of  inspection,  and 
the  igniting  or  explosive  point  of  the  contents  thereof. 

2.  Whenever  any  cask  or  vessel  of  such  oil  or  fluid  Casks,  how  to 
will  not  bear  the  fire  test  of  at  least  one  hundred  and   ^®  marked, 
twenty   degrees  Fahrenheit,   without  ignition  or  explo- 
sion, the  same  shall  be  marked  as  aforesaid,  and  shall 

also  be  marked — unsafe  for  illuminatinq  purposes.     And 

False  marks, 

if  any  inspector  knowingly  put  false  marks  upon  such   how  punished, 
casks  or  vessels  inspected  by  him,  he  shall  be  punished  iwd.  §30. 
by  a  fine  of  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  for  the  term  of  six  months  in  the  county  jail. 

3.  Every  person  and  corporation  engaged  in  manufac- 
turing petroleum  or  coal  oil  or  burning  fluid,  shall  cause  ^j^f  ecTe'dm^ 
every  cask  or  other  vessel  thereof  to  be  so  inspected  and    this  state. 


PETROLEUM,  ETC.  341 

marked  by  a  sworn  inspector.  And  if  any  person  manuf  ac-  Penalty  for 
tures  or  sells  such  oil  or  burning  fluid,  not  so  inspected  and  neglect, 
marked  in  this  state,  or  that  has  not  been  so  inspected 
and  marked  as  unsafe  for  illuminating  purposes,  he  shall 
pay  a  fine  not  exceeding  five  hundred  dollars,  or  be 
imprisoned  six  months  in  the  county  jail,  upon  indictment 
therefor. 

4.  The  municipal  ofl3cers  of  towns,  and  the  police  of  ^  ^  , 

^  7  £-  Duty  of  muni- 

cities,  shall  have  the  right  at  all  times  to  examine  all  such    cipai  officers 
oils  and  fluids  kept  in  their  towns,  for  sale,  and  to  cause    a^^fi  police. 

'■  Ibid.  §  32. 

the  same  to  be  inspected  and  tested ;  and  they  shall  do  see  r.  s.,  isti, 
so  in  all  cases  where  they  are  informed  or  believe  the    ^-  ^' 

*^  1  -,        1  §24,  which 

same  are  kept  ^r  sale  in  violation  of  law ;  and  when  g^ygs  towns 
they  find  any  persons  so  keeping  or  selling  them  they  ^^e  right  to 
shall  cause  them  to  be  prosecuted  therefor.  tio^g  about 

petroleum  and 

Ordinance.  °*^^''  ^^p^°- 

sives. 

The  compensation  allowed  to  inspectors  of  petro- 
leum, coal  oil,  and  burning  fluid,  shall  be  as  follows  :  ^^es of  inspec- 

'  '  o  '  tors. 

For  fifteen  barrels  and  under,  at  the  rate  of  twenty  ord.  June  lo, 
cents  per  barrel ;  for  over  fifteen  and  under  thirty   ^^^' 
Ijarrels,  fifteen  cents  per  barrel ;  for  over  thirty  and 
under  fifty  barrels,  ten  cents  per  barrel;  for  over 
fifty  barrels,  five  cents  per  barrel. 


Pilots.' 


Statutes. 


1.  Appointment  of  pilots. 

2.  Board  of  Trade  of  Portland  to  appoint  pilots  of  said  city. 
8.  Their  duty.     Master  may  pilot  his  own  vessel. 

4.  Fees,  &c.  ^ 

5.  Liabilities  of  pilots. 

..  1    The  governor,  with  advice  of  council,  may  appoint 

oath  and  bond  pilots  for   any   port,   in   which  a  majority  of   the   ship 

of  pilots.         owners  and  masters  apply  in    writing  therefor  and  rec- 
R.  S.  1871,  C.36,  ,         .     , ,  ,       .    " 

§1.  commend   suitable  persons,  and  give  to  each  of    them 

branches  or  warrants  for  the  execution  of  the  duties  of 
their  office  ;  and  they  shall,  before  entering  upon  the 
same,  be  duly  sworn,  and  give  bond  to  the  treasurer  of 
State  in  the  sum  of  five  thousand  dollars  for  the  faithful 
performance  thereof. 

2.  By   the  provisions  of  "an  act  to  incorporate   the 
Board  of  Trade  Board  of  Trade  of  Portland,"   approved  March  twenty- 
of  Portland  to  gecQn(j^  eighteen  hundred  and  fifty-four,  power  was  given 
for  said  city,     to  said  board  tq  appoint  such  number  of  pilots  for  the 
Act,  1854,  c.  232,  harbor  of    Portland,  as  they   may  deem  necessary  for 
the   safety  and   convenience  of    the  commerce  of   said 
port ;  and  also  to  fix  such  compensation  for  the  services 
to  said  pilots  as  said  board  may  deem  just  and  reasonable. 
Their  duty.  ^*  Such   pilots  are  authorized  and   directed   to   take 

charge  of  all  vessels,  drawing  nine  feet  of   water  and 
upwards,  bound  into,  and  of  all  such  vessels,  except  coast- 
ing and  fishing  vessels  bound  to  sea  out  of  any  of  said 
Master  may      ports,  and  shall  pilot  them  into  or  out  of  the  port  assigned 
veeseii.^^  ^^"    them,  first  showing  to  the  master  thereof  their  branch  and 
R.  s,  1871,  c.  36,  informing  him  of  their  fees ;  but  any  master  may  pilot 
*  '  his  own  vessel  without  being  subject  to  pay  therefor. 

1  As  to  duties  of  pilots  from  infected  places  to  anchor  outside  of  the  port. 
SeeR.  S.,  1871,  c.  14,  §§  18  and  21. 


PILOTS.  343 

4.  The  governor  and  council  may  fix  the  fees  of  pilot-  Governor  ami 
age  ;  specify  the  same  in  the  warrent  of  each  pilot ;  trans-   council  to  fix 
mit  to  each  collector  of  customs  in  said  ports  a  schedule   complaints, 
thereof,  to  be  hung  up  by  him  for  public  inspection  ;  hear   and  suspend 
and  determine  all  complaints  against  such  pilots  for  mis-  nji^.  §  3. 
conduct,  and  suspend  or  remove  them  and  appoint  others 

in  their  room. 

5.  If   any  vessel,   while  under  the   charge   of    such  Liable  for  dam- 
pilot,  is   lost,  run  aground,  or  cast  away,  through  his   their  fault, 
fault,  he  shall  be  liable  to  pay  the  owner  or  insurer  a  ibid.  §  4. 
just  compensation  for  any  damage  thereby  sustained. 


21 


Police.' 


statutes. 

1.  Administration  of  police  of  city  vested  in  mayor  and 

aldermen. 

2.  Cities  authorized  to  establish  police  regulations. 

3.  Police  officers  authorized  to  act  as  constables  in  certain 

cases. 

4.  Criminals  and    fugitives  from   justice  may  be  arrested 

without  a  warrant 

5.  Aid  may  be  required  by  officer.    Penalty  for  refusing. 

6.  Policemen,  how  appointed. 

Ordinances. 

1.  City  marshal  to  be  appointed.      To  give  bonds.     To  be 

sworn. 

2.  Duties  of  city  marshal.    To  carry  into  effect  laws  and 

ordinances. 

3.  Duty  to  prosecute  offenders.    To  lay  before  mayor  and 

aldermen  a  statement  of  prosecutions,  &c.  To  render 
to  mayor  and  aldermen,  annually,  an  account  of  moneys 
received.  To  pay  over  once  in  three  months.  To 
comply  with  rules  and  regulations. 

4.  Deputy  marshals  to  be  appointed.     To  act  as  captains  of 

city  watch.     Compensation. 

5.  Duties  of  deputy  marshals.     To  assist  the  marshal.    To 

obey  and  execute  orders  of  mayor  and  marshal. 
To  serve  warrants  and  subpoenas.     To  obey  rules,  &c. 

6.  Deputy  marshals  invested  with  power,   &c.,  of  captains 

of  the  watch.     To  assign  to  night  police  limits.  To 

•   receive  reports.    In  case  of  sickness  or  absence  the 
mayor  to  appoint  a  deputy  marshal. 

7.  Policemen,  how  appointed.     Compensation.     Duties.  To 

arrest  and  commit  to  watch  house,  offenders.  To  obey 
rules,  &c.     To  obey  orders  of  mayor  or  marshals.    . 

1  The  relation  of  master  and  servant  does  not  exist  between  a  city  and  its 
police  olficers.  A  city  is  not  liable  for  their  negligent  acts.  Mitchell  v, 
Rockland,  52  Maine,  118.  See  Morgan  v.  Hallowell,  57  Maine,  375;  1  Allen, 
172.  As  to  temporary  appointment  by  selectmen  of  towns,  and  that  there  is 
no  necessity  of  their  being  sworn,  see  4  Gray,  34;  99  Mass.,  592;  12  Metcalf, 
233. 


POLICE.  345 

8.  Watchmen  may  be  appointed.       Their  duties.      To  be 

subject  to  rules,  &c. 

9.  Policemen  and  watchmen  subject  to  be  called  upon  for 

extra  services.     Compensation. 

10.  Penalty  for  resisting  police  in  discharge  of  duties. 

11.  Police  uniform. 

Statutes. 

1.  By  section  five  of  the  charter  of  the  city  of  Portland,  Powersofmay- 
the  executive  powers  of  said  city  generally,  and  the  ^eno^er  ^ 
administration  of  police  and  health  departments,  with  all    police. 

the   powers  of    selectmen,    except   as   modified    by   the 

charter,   are  vested  in  the  mayor  and    aldermen.      All 

the  powers  of  establishing  watch  and  ward,  vested  by  the 

laws  of  the  State  in  the  justices  of  the  peace  and  munic-  PoUce.how 

ipal  officers  or  inhabitants  of  towns,   are  vested  in  the 

mayor   and  aldermen,    so  far    as    relates  to  said  city;  Qty charter 

and  they  are  authorized  to  unite  the  watch  and  police    ises,  §5. 

departments  into  one  department  and  establish  suitable 

regulations  for  the  government  of  the  same.     The  officers 

of  police  shall  be  one  chief,  to  be  styled  the  city  marshal, 

so  many  deputy  marshals  as  the  city  council  may  by  ordi-  ^^^^^'P^^*- 

nance  prescribe,  and  so  many  watchmen  and  policemen  as 

the  mayor  and  aldermen  may  from  time  to  time,  appoint. 

2.  Cities  may  establish  such  police  regulations  as  they 

,  ■  .  ^        .  ,       Cities  may  es- 

may  deem  necessary  for  the   prevention   of  crime,   the    tabUsh  police 
protection  of   property,    and  the    preservation   of  good    regulations. 
order,  not  inconsistent  with  the  laws  of  the  State.  ^^    -  .    •   .• 

3.  Police  officers,  duly  appointed  in  any  city,  shall  have  pouce  officers 
all  the  powers  of  constables  in  all  criminal  matters,  or  power^o? con- 
relating  to  the  by-laws  of  their  city.  S?n  matters!''' 

4.  The  city  marshal  of  Portland,  or  other  persons  R-^i87i,c.80, 
legally  qualified  to  execute  criminal  process  within  said  criminals  and 
city,  shall  have  power  without  warrant,  to  arrest  and  fugitives  from 
detain  any  person  found  in  said  city,  upon  information  ^"^*'^^?'^^-t^ 
that  such  person  has  committed  a  crime  in  another  State  out  a  warrant. 
or  country,  or  in  any  city  or  town  within  this  State,  and  is  ^ct.  1853,  c.  167, 
a   fugitive  from  justice  or  is  about  to  escape,  and  the 

person  so  arrested  may  be  detained  by  such  officers  for  a 
reasonable  time,  until  such  person  can  be  delivered   into 


.346  POLICE. 

proper  or  legal  custody  on  a  warraDt  or  otherwise, 
according  to  the  nature  of  the  case. 

5.  Any  officer  aforesaid, ^  in  the  execution  of  the  duties 
Aid  may  be  re-  ^^  ^^^  office  in  criminal  cases,  for  the  preservation  of  the 
duii:ed  by  of-  peace,  for  apprehending  or  securing  any  person  for  the 
^^^^'  breach  thereof,  or  in  case  of  the  escape  or  rescue  of  per- 

sons arrested  on  civil  process,  may  require  suitable  aid 
therein  ;  and  any  person,  so  required  to  aid,  who  neglects 
or  refuses  so  to  do,  shall  forfeit  to  the  use  of  the  county 

Penalty  for  re-  *^ 

fusing.  not  less  than  three,  nor  more  than  fifty  dollars  ;  and  if  he 

U.S.  1871, c. 80,  does  not  forthwith   pay  such  fine,  the  court   may  punish 

^^^'  him  by  imprisonment  not  exceeding  thirty  days. 

Police  to  be  ap-       6.  The  city  marshal,  deputy  marshals  and  policemen, 

pointed  by       ^f  ^^le  city  of  Portland,  shall  hereafter  be  appointed  by 
Mayor  with  -^  .'  .  ^  ^  -^ 

advice  and       the  mayor,  by  and  with  the  advice  and  consent  of  the 

consent  of  ai-  aldermen,   and   shall  hold  office  during  good  behavior, 

'  Private  laws,     subject,  however,  after   a   hearing,   to   removal  at  any 

1878,  c.  16.        time  by  the  mayor,  by  and   with  the  advice  and  consent 

^877^0^3^5        ^^  *^^  aldermen,  for  inefficiency  or  other  cause.      The 

mayor   may,   for    cause,   suspend   any   policeman-  from 

duty,  and  such  suspension   shall  continue   in   force  till 

the  next  meeting  of  the  aldermen. 

Ordinances. 

CITY   MARSHAL. 

♦  City  marshal  to       1.  The  mayor,  by  and  with  the  advice  and  consent 

of  the  aldermen,  shall  in  the  month  of  March,  annual- 
al,  appoint  a  city  marshal,  who  shall  hold  his  office 
until  another  be  appointed  and  qualified  in  his  stead. 

•  To  give  bonds.  And  the  clty  marshal,  before  entering  upon  the  duties 
Rev.ord.*i855,  ^^  ^^^   office,  shall  give  bonds,  with  sureties  to  be 

as  amended  by  approved  by  the  mayor  and  aldermen,  in  such  sums 
Rev.  ord.,  1868.  ^s  they  may  prescHbe,  and  shall  be  sworn  to  the 

faithful  performance  of  the  duties  of  his  office. 
Duties  of  city         2.  It  shall  be  the  duty  of  the  city  marshal,  from 

marsia.         ^^^^  ^^  time,  to  pass  through  every  street,   alley, 

^  A  city  is  not  liable  for  personal  injury  sustained  by  one  while  aiding  police 
ofllcer.    Cobb  u.  Portland,  55  Maine,  381. 


POLICE.  347 

court,  square,  and  public  place  of  the  city,  to  observe 

nuisances,  obstructions,  or  impediments  therein,  to' 

the  end  that  the  same  may  be  removed,  according  to 

law ;  to  notice  all  ojffenses  against  the  laws ;  to  be 

vigilant  and  active  in  detecting  any  violation  or  breach 

of  any  law  or  city  ordinance,  taking  the  names  of  the 

oflenders,  to  the  end  that  they  may  be  prosecuted  ;  to 

receive  all  complaints  made  for  any  breach  of  the 

laws,  and  for  that  purpose  shall  attend  daily  at  his  to  carry  into 

office,  and  at  stated  times.     It  shall  be  his  duty  to    effect  laws  and 

enforce  and  carry  into  effect,  to  the  utmost  of  his  Rev.  ord.  ises. 

power,  all  and  each  of  the  city  ordinances  according 

to  the  true  intent  and  meaning  of  the  same,  and  to 

obey  and  execute  all  the  commands  and  orders  of  the 

mayor  and  aldermen. 

3.  It  shall  l)e  the  duty  of  the  city  marshal  to  pros- 
ecute all  offenders  against  the  laws  of  the  State  and  ^""^^  *2  T"^' 

o  cute  offenders. 

ordinances  of  the  city,  within*  one  week  after  detect- 
ing or  ascertaining  the  offence  or  offences  by  them 
respectively  committed ;    to    attend    regularly    and 
punctually  at   all  trials  of  offenders  prosecuted  in 
behalf  of  the  city,  and  to  use  all  lawful  means  for 
their  effectual  prosecution  and  final  conviction;  to  lay 
before  the  mayor  and  aldermen  a  correct  statement  to  lay  before 
of  all  prosecutions    by  him    instituted    before  the   de^en^a 
municipal  court,  within  one   week   after  their  final   statement  of 
determination.     And  it  shall  be  his  duty  annually,    &c. 
to  render  to  the  mayor  and  aldermen  an  account  of  to  render  to 
the  names  of  all  persons  from  whom  he  may  have   "g^j^^en  "n-** 
collected  fines,  and  for  what  offence,  and  the  sums  so   nuauy,  an  ac- 
collected  from  each,  during  his  term  of  office  ;  and  as   m^es  re- 
often  as  once  in  three  months,  he  shall  pay  over  to  the    ceiled- 
city  treasurer  all  monies  which  he  may  have  received  To  pay  over 

•^         ,  "^  .  once  m  three 

belonging  to  the  city ;  and  he  shall  further  perform   months. 
all  such  other  additional  duties,  and  comply  with  all  To  comply  with 
such  regulations  as  ma^^  at  any  time  be  prescribed  to  ^^o^,'  ^^ 
him  by  the  maj^or  and  aldermen.  i^^^. 


348  POLICE. 


DEPUTY  MARSHALS. 

4.  The  mayor,  by  and  with  the  advice  and  consent 
shais  tobeap-  of  the  aldermen,  shall  in  the  month  of  March,  annual- 
pointed.  ]y^  appoint  two  deputy  marshals,  who  shall  discharge 
'^taint  of  Tity     ^1^  ^^^  ^^ties  of  captains  of  the  city  watch,  and  they 
watch.  shall  devote  all  their  time  to  the  discharge  of  the 

Compensation     ^^^^^^    ^f  ^j^^-^,   ^^^^     ^^^   ^j^         gj-^^|j    ^^    entitled   tO 

Ibid,  as  amend-  ^  .  . 

ed  by  city         reccivc  for  their  services  such  compensation  as  shall 

be  determined  by  the  city  council. 

Duties  of  dep-       5.  It  shall  be  the  duty  of  said  deputy  marshals  to  act 

uty  marshal  s  through  the  Week,   Sundays  included,    as    the    day 

police,  to  assist  the  marshal  in  the  discharge  of  his 

To  obey  and     official  dutlcs,  to  obey  and  execute  all  orders  of  the 

execute  or-      mayor  and  the  city  marshal,  to  officiate  for  the  city  mar- 

and  marshal.    ^^^^  ^^  ^^^  abseucc,  to  scrvc  all  warrants  and  subpoenas 

To  serve  war-  in  Criminal  matters  which  they  may  receive  from  the 

rants  and  sub-      • ,  it  •    •       i  '    j     j  t  , 

pcEnas.  ^^v  marshal  or  municipal  court,  to  endeavor  to  pre- 

To  obey  rules,  ycut  all  disturbances  and  violations  of  law,  and  to 
j^jj^"  arrest  and  detain  for  further  proceedings  every  person 

found  by  them  violating  any  of  the  laws  of  the  State, 
or  ordinances  of  the  city,  and  they  shall  obey  all  rules 
and  regulations  of  the  mayor  and  aldermen. 
Deputy  mar-  ^*   ^^^^  deputy  marshals  are  hereby  invested  with 

shais  invested  all  the  powcrs  and  authority  of  captains  of  the  watch, 
&c.,orcIp^'  and  they  shall,  every  other  night,  by  turns,  discharge 
tains  of  watch,  the  dutics  of  that  office,  and  act  throughout  the  night 
as  captain  of  the  watch.  The  captain  of  the  watch 
To  assign  to  ^^^^^  ®^^^  ^^^&^^  assigu  to  the  night  police  their  respec- 
nightpouce  tive  limits,  and  be  present  at  the  office,  at  the  hour 
appointed  by  the  mayor  and  aldermen  for  their  dis- 
To  receive  re-  eharge,  to  receive  their  reports  and  discharge  them 
ports.  from  further  duty,  unless  in  his  opinion,  it  shall  be 

expedient  to  continue  the  whole,  or  any  number  of 
them,  on  duty  through  the  night,  which  at  any  time* 
he  is  authorized  to  do  ;  he  shall  also  each  night,  unless 
his  attendance  is  required  at  the  watch  house,  ascer- 
tain by  his  personal  investigation  when  practicable, 


POLICE.  349 

whether  the  policemen  and  watchmen  are  faithful  in 
the  performance  of  their  duties,  and  report  the  next 
morning  to  the  mayor  the  officer  who  shall  be  found 
unfaithful.     In  case  of  sickness  or  inability  of  either   "ess^oAb-*^ 
of  the  deputy  marshals  to  perfoi-m  the  duties  incumb-   absence,  the 

,  .  mayor  to  ap- 

ent  on  him,  the  mayor  shall  have  authority  to  appoint   point  a  deputy 
another  deputy  marshal  in  his  stead,  so  long  as  his  j^^"^^^" 
services  may  be  required. 

7.  The  mayor,  by  and  with  the  advice  and  consent  PoUcemen,how 
of  the  aldermen,  shall  also  appoint,  from  time  to 

time,  such  numbers  of  persons  as  they  shall  deem  ex- 
pedient, to  constitute  a  police  of  the  city,  who  shall 
be  placed  on  duty  at  such  hours  and  ser\^e  for  such  compensation. 
time  as  the  mayor  and  aldermen  shall  determine  ;  and 
they  shall  be  entitled  to  such  compensation  for  their 
services  as  the  city  council  shall  determine.     It  shall  ^"*^®^- 
be  incumbent  on  the  police,  during  the  hours  they  ^o  arrest  and 
shall  be  on  duty,  to  patrol  constantly  throughout  their   commit  to 
respective  limits,  to  endeavor  to  prevent  all  violations   offenders. 
of  law,  and  ari'est  and  commit  to  the  watch  house  all  to  obey  rules, 
persons  found  by  them  violating  any  of  the  laws  of  *^- 
this  State,  or  ordinances  of  the  city  ;  they  shall  obey  To  obey  orders 
all  rules  and  regulations  established  by  the  mayor  and   ^*  ™ayor,  &c. 
aldermen,  and  the  orders  of  the  mayor,  marshal,  or  n>id.  as  amend- 
deputy  marshals,  and  shall  be  subject  to  removal  by   charter. 
the  mayor,  whenever  in  his  opinion  it  shall  be  deemed 
expedient. 

8.  The  mayor,  by  and  with  the  advice  and  consent  watchmen  may 
of  the  aldermen  may,  from  time  to  time,  appoint  such  Theu^duiTes. 
number  of  watchmen  as  they  may  deem  expedient,  To  be  subject 
who  shall  be  sworn  and  shall  perform  such  duties  and  ^^^  ^^^  ^^^ 
be  subject  to  such  rules  and  regulations  as  are  or  may   as  amended  by 
be  established  by  the  mayor  and  aldermen.  poUcemeTand 

9.  Said  policemen  and  watchmen  shall  at  all  times,   watchmen 
either  by  day  or  by  night,  be  subject  to  be  called  upon   ^ueTup^on 
by  the  mayor  or  city  marshal,  to  assist  in  quellino^  any   *or  extra 

services. 


duties. 
Ibid. 


350  .    POLICE. 

riot  or  disturbance,  or  arresting  any  offenders,  or  to 

Compensation,  perform  any  other  duties  of  policemen  that  may  be 

Ibid.  required  of  them,  for  all  which  extra  services  they 

shall  be  paid  such  compensation  as  the  city  council 

shall  determined 

Penalty  for  10.  If  any  pcrsou  shall  resist  the  police  in  thedis- 

resisti^  po-    charge  of  their  duty,  or  any  member  thereof,  he  shall 

charge  of        pay  a  fine  of  not  less  than  ten  nor  more  than  fifty 

dollars  for  each  and  every  oflTence  ;  and  if  any  person 

shall  neglect  or  refuse  to  aid  and  assist  the  police,  or 

any  member  thereof,  when  called  upon  so  to  do,  he 

shall  forfeit  and  pay  not  less  than  five  nor  more  than 

twenty  dollars. 

POLICE    UNIFORM. 

Uniform  of  11.    Ordered,  That  the  dress  of  the  oflScers  and 

of  ma'yoraM  ^lembcrs  of  the  Portland  Police  Department,  when 
aldermen.  ou  duty,  shall  be  in  conformity  to  the  schedule 
Rev!ord.^i868.  described  as  follows  : 

City  marshal  to  wear  blue  dress  coat  with  police 
buttons,  black  pantaloons,  merino  vest,  black  hat  with 
gold  star  in  a  rosette  oi»  the  same. 

Deputy  marshals  to  wear  blue  frock  coat  with 
police  buttons,  dark  blue  pantaloons,  blue  cloth  cap 
with  glazed  covering.  This  dress  to  be  dispensed 
with  on  detective  duty. 

Police  to  wear  dark  blue  frock  coat,  dark  blue 
pants,  black  silk  or  satin  vest.  In  spring  and  fall, 
black  cloth  vest.  In  winter,  single  breasted,  made 
to  button  up  to  the  top,  except  a  loop  across  the  top 
under  the  chin  ;  black  silk  or  satin  neck  stock.  The 
buttons  on  the  frock  coat  to  be  worn  in  the  usual 
manner,  and  the  usual  number,  and  to  be  fastened 
with  a  ring  through  the  eye,  so  that  the  same  can  be 
removed  and  their  places  supplied  by  buttons  of  a 
diflferent  pattern,  when  the  officer  is  permitted  to  lay 

1  9  Gray,  78. 


POLICE.  351 

aside  his  uniform,  or  when  he  leaves  the  department ; 
bhie  cloth  cap  of  uniform  style  and  shape,  made  with 
glazed  covers. 

Marshal,  deputy  marshals  and  policemen  shall  wear 
dark  blue  overcoats,  cut  in  uiiifonn  style,  single  or 
double  breasted  as  the  marshal  shall  decide,  and'' of 
the  same  shade  of  color,  and  supplied  with  the  police 
buttons,  to  be  worn  in  the  same  manner  as  the  buttons 
to  be  worn  on  the  frock  coat,  at  such  seasons  of  the 
year  as  the  marshal  may  direct. 

On  public  occasions,  so  much  of  the  police  uniform 
shall  be  worn  as  the  marshal  may  direct  or  determine. 

Nothing  in  the  adoption  of  the  uniform  dress,  shall 
prevent  the  city  marshal  from  ordering  such  dress  for 
officers  detailed  for  special  duty,  as  he  may  think 
proper. 


Public  Buildings, 


Committee  on 
public  build- 
ings to  be 
appointed. 

Rev.  Ord.  1868. 


To  have  care 
and  custody 
of  public 
buildings, 
except,  Ac. 


Ibid. 


Proviso. 


7. 


9. 


10. 


11. 


12. 


Committee  on  public  buildings  to  be  appointed. 

To  have  care  and  custody  of  public  buildings,  except,  &c., 

Proviso. 
To  lease  buildings  belonging  to  city,  subject,  &c. 
Committee  to  prepare  plans,  &c.,  of  buildings  to  be  erected, 

repaired,  &c. 
To  publish  notice  of  time  and  place  for  exhibition  of  same. 
Proposals  for  work  to  be  sealed.     How  opened.     Not  to  be 

disclosed  till  contract  is  made.     Proviso. 
Contracts  exceeding  $500  to  be  in  writing,  and  signed  by 

the  mayor.     Not  to  be  altered,  unless,  &c. 
Expenditure  not  to  exceed  appropriations. 
Purchasers  of  land  for  erecting  buildings,  to  be  made  under 

direction  of  committee. 
No  building  or  land  appurtenant  to  be  sold  without  an 

order  from  city  council. 
Kepairs,  &c.,  to  be  done  under  committee  on  public  build- 
ings. 
Lease  of  city  building  and  contract  Feb'y  1,  1858. 


1.  There  shall  be  appointed,  annually,  a  joint 
committee  of  the  city  council,  to  be  called  the  com- 
mittee on  public  buildings,  to  consist  of  two  members 
of  the  board  of  mayor  and  aldermen,  and  three  mem- 
bers of  the  common  council. 

2.  The  said  committee  shall  have  the  care  and 
custody  of  all  buildings  belonging  to  the  city,  and  of. 
the  erection,  alteration  and  repair  thereof,  except  as 
is  otherwise  provided  in  this  and  other  ordinances  of 
the  city,  and  subject  to  such  rules,  orders  and  regula- 
tions as  the  city  council  may  from  time  to  time  adopt : 
Provided y  that  the  school  committee  shall  have  the 
care  and  custody  of  the  school  houses  belonging  to 
the  city. 


PUBLIC  BUILDINGS.  353 

3.  The  said  committee  are  authorized  to  lease  any  to  lease  buiw- 
building  belongipg  to  the  city,  which  is  not  otherwise   J^^^f^\'J^^^ 
appropriated,  for  any  period  not    exceeding  three    subject,  &c. 
years,  and  upon  such  terms  and  conditions  as  they  ^^^^• 

may  deem  expedient,  subject,  however,  to  the  appro- 
val of  the  mayor  and  aldermen ;  and  in  such  case  the 
lease  shall  be  signed  and  executed  by  the  city 
treasurer. 

4.  Whenever  any  building  for  the  use  of  the  city  committee  to 

'^      •  <=>  "      prepare  plans, 

shall  be  erected,  altered,  or  repaired,  the  expense  of  &c.of  buiw- 
which  may  exceed  the  sum  of  five  hundred  dollars,    erected^ 
it  shall  l)e  the  duty  of  the  committee  that  may  have   repaired,  &c. 
charge  of  the    same,    to    prepare    or   cause    to  be  ^^*^* 
prepared  the  requisite  plans  and  specifications  of  the 
work  to  be  done. 

5.  The  said  committee  shall  give  notice  in  the  to  pubush  no- 
newspapers  in  which  the  ordinances  of  the  city  are  ^^^  piace^for 
published,  of  thfe  time  and  place  of  the  exhibition  of  exhibition  of 

11  -t  'c*        •  1  X       same. 

«uch  plans  and  specifications  as  may  be  necessary  to  ^^.^ 
enable    contractors  to  make    their  estimate  of  the 
proposed  work. 

6.  No  proposal  shall  be  received  by  the  said  com-  proposals  for 
mittee,  from  any  person  ofiering  to  contract  for  such   ^aied*"^® 
work,  unless  the  same  is  sealed,  and  no  proposal  shall  how  opened, 
be  opened  except  in  committee  actually  assembled, 

and  the  contents  of  no  proposal  shall  be  made  known  ^^^osed^iif  ^ 
to  any  person  not  a  member  of  the  committee,  until   contract  is 
after  a  contract  shall  have  been  made,  provided,  always,   ™* 
that  if  any  such  proposals  shall  be  offered  by  persons 
who,  in  the  judgment  of  said  committee,  shall  be 
incompetent  to  perform  their  contracts  in  a  workman-  Proviso. 
like  manner,  or  irresponsible  in  respect  to  their  means 
of  faithfully  executing  the  same,  the  said  committee 
may  in  their  discretion  reject  any  such  proposal,  not- 
withstanding the  same  be  at  a  lower  rate  than  other 
proposals  offered  for  the  same  work. 


354  PUBLIC  BUILDINGS. 

Contract  7.  In  all  cases  where  the  amount  of  any  contract 

exceeding       ^Yiall  exceed  the  sum  of  five  hundred  dollars,   the 

$500  to  be  in 

^vriting,  and    contract  shall  be  in  writing,  and  signed  by  the  mayor 
signed  by        ^^  ^^^q  part  of  the  city,  and  after  being  signed  by  the 
parties,  no  such  contract  shall  be  altered  in  any  partic- 
ular, unless  a  majority  of  the  said  committee  shall 
Not  to  be  siofnify  their  assent  thereto,  in  writino^,  under  their 

altered  o       «/  '  o' 

unless, '&c.      respective  signatures,  indorsed  on  the  said  contract. 

^^^^-  8.  The  amount  of  expenditures  for  the  foregoing 

Expenditures  purposcs,  ill  any  One  year,  shall  never  exceed  the 
appropria^^*^  appropriations  made  by  the  city  council  for  the  same, 
tions.  and  no  expenditure  exceeding  two  hundred  dollars 

^^^'  shall  ever  be  made  in  the  alteration  or  repair  of  any 

building,  without  an  express  vote  of  the  city  council 
authorizing  the  same. 

Purchases  9.  Whenever  the  city  council  shall  order  the  pur- 

erectingbuiid-  chasc  of  land,  for  the  purpose  of  erecting  any  build- 
made  under     ino^  thereon,  such  purchase  shall  be  made  under  the 

direction  of  ^^        ^  ^ 

committee.      direction  of  the  said  committee  on  public  buildings. 

Nobuiidin  ^^*  ^^  building,  or  land  appurtenant  thereto,  shall 

w?thou^Vrder  ^^  ^^^^  ^7  ^^Y  committcc  of  the  city  council  without 

of  city  council.  ^^  order  from  the  city  council  authorizing  such  sale. 

11.  All  repairs,  alterations  or  enlargements  of  any 
bTd(me  under  ^^  ^^^  public  buildiugs  belonging  to  the  city,  necessary 
committee  on  or  requiring  to  be  made,  shall  be  done  under  the 
ings.              direction  of  the  joint  standing  committee  on  public 

(^d.Feb.9,  buildings,  and  no  bill  shall  be  allowed  or  paid  by  the 
city  for  any  labor  or  materials  used  in  repairs  upon 
any  building  belonging  to  the  city,  unless  the  same 
shall  have  been  approved  by  said  committee.^ 

12.  Lease  from  Cumberland  county  to  city  of 
Portland  of  City  Building  for  nine  hundred  ninety^ 
nine  years ^  from  February  1st,  1858. 

Whereas,  the  city  of  Portland,  in  the  State  of 
Maine,  and  the  county  of  Cumberland,  in  said  State, 

1  See  title  "  Contracts  and  Expenditures." 


PUBLIC  BUILDINGS.  355 

by  the  court  of  county  commissioners,  have  negotiated 
respecting  the  leasing  to  said  city,  of  the  lot  of  land 
belonging  to  said  county,  situated  on  the  northerly 
side  of  Congress  street  in  said  Portland,  bounded  by 
Myrtle  street  on  the  east,  and  the  land  of  Nicholas 
Emery  and  others  on  the  west,  and  by  land  of  N.  D. 
Appleton  and  others,  on  the  north,  together  with  the 
buildings  now  thereon.  And  the  said  county  has 
agreed  to  grant,  and  the  said  city  to  accept,  a  lease  of 
said  lot  and  buildings,  upon  the  terms,  agreements, 
covenants  and  conditions,  hereinafter  in  this  instru- 
ment set  forth.  And  whereas,  the  Committee  on 
Public  Buildings,  appointed  by  the  city  council  of 
said  city,  were  by  said  order  of  said  council,  passed 
January  29th,  1858,  duly  authorized  to  close  a  con- 
tract with  said  county  for  a  perpetual  lease  of  the 
lot  of  land  aforesaid,  for  the  purpose  of  erecting 
thereon  buildings  for  the  use  of  said  city.  And 
whereas,  said  city  has  procured  an  architectural 
plan  of  such  a  building  and  improvements,  as  they 
wish  and  propose  to  erect  and  put  upon  said  lot, 
subject  however  to  such  changes  as  may  be  finally 
proposed  and  agreed  upon  by  and  between  said 
parties. 

Now  this  indenture,  made  this  thirty-first  day  of 
March  in  the  year  eighteen  hundred  and  fifty-eight, 
between  the  county  of  Cumberland  aforesaid,  on  the 
one  part  and  the  city  of  Portland  aforesaid,  on  the 
other  part,  Witnesseth :  That,  in  consideration  of 
the  premises,  and  of  the  terms,  covenants  and  condi- 
tions, hereinafter  contained,  to  be  paid,  done  and 
performed  by  said  city ;  the  said  county  of  Cumber- 
land doth  hereby  demise  and  lease  to  the  city  of  Port- 
land aforesaid,  the  lot  of  land  above  described  belong- 
ing to  said  county,  situated  on  the  northerly  side  of 


356  PUBLIC  BUILDINGS. 

Congress  street  in  said  Portland  from  Myrtle  street 
westerly  to  Nicholas  Emery's  land,  being  one  hmidred 
and  fifty-six  feet  more  or  less,  on  Congress  street, 
and,  extending  northerly  about  two  hundred  and  ^ixty- 
five  feet  to  land  of  Appleton  and  others,  together  with 
all  the  buildings  thereon,  belonging  to  said  county. 
To  have  and  to  hold  the  same,  with  all  and  singu- 
lar, the  estate,  rights,  privileges  and  appurtenances 
thereto  belonging  to  the  said  city,  for  and  during  the 
full  term  of  nine  hundred  and  ninety-nine  years  from  the 
first  day  of  February  in  the  year  of  our  Lord  eighteen 
hundred  and  fifty-eight,  reserving  thereupon,  a  yearly 
rent  of  one  dollar  a  year,  payable  to  said  county  on 
demand  by  them,  at  the  end  of  each  year  and  not 
otherwise.  This  lease  is  made  and  adopted  upon  the 
following  further  terms,  covenants  and  agreements, 
that  is  to  say  : 

First.  The  said  lessees  are  hereby  authorized  to 
remove  any  and  all  buildings  now  on  the  premises, 
and  use  the  materials  thereof,  provided  however,  that 
the  gaol,  the  keeper's  house  and  appurtenant  build- 
ings now  used  for  the  accommodation  of  the  gaol  and 
keepers,  are  to  remain  unaltered  until  the  new  gaol 
and  the  keeper's  apartments  therein  are  ready  for 
occupation,  and  the  prisoners  and  the  keeper  shall 
have  removed  thereto. 

Second.  That  said  city  shall  furnish  apartments 
and  accommodations  for  the  business  of  the  county, 
either  by  altering  and  remodeling  the  present  Court 
House,  or  by  erecting  a  new  one ;  that  is  to  sa}^  said 
city  in  said  new  or  altered  buildings,  shall  provide 
and  furnish  to  the  approval  of  the  county  commis- 
sioners, a  court  room  for  the  Supreme  Court,  a  Grand 
Jury  room,  two  rooms  for  the  Traverse  Juries,  a  fire 


PUBLIC  BUILDINGS.  357 

proof  library  room  and  adjoining  lobby  and  entrance 
to  lobby,  two  rooms  for  the  Clerk  of  the  Courts,  a 
room  for  the  County  Commissioners'  Court,  fire  proof 
rooms  for  the  records  of  the  Clerk  of  the  Courts,  for 
the  Register  of  Deeds  and  for  those  of  the  Probate 
Court,  a  Court  room  for  the  Probate  Court,  and 
another  with  lobbies  for  the  jMunicipal  Court,  a  fire 
proof  apartment  or  safe  for  the  County  Treasurer ; 
and  offices  for  the  County  Treasurer,  County  Attor- 
ney and  Sheriff,  w^ith  such  additional  room  as  may 
be  necessar}'  and  all  according  to  the  standard*  in 
similar  buildings  of  modem  construction. 

Third.  Said  city  shall,  during  the  continuance  of 
this  lease,  keep  said  buildings  and  the  various  rooms . 
and  apartments  above  described  in  good  repair,  and 
continue  to  furnish  such  conveniencies  and  accommo- 
dations from  time  to  time,  as  may  be  necessary  and 
proper,  for  the  use  of  said  county,  free  of  any  charge 
or  expense  to  said  county. 

Fourth,  Said  city  shall  not  erect  any  other  build- 
ings upon  said  lot,  but  such  as  are  indicated  in  the 
plan  to  be  finally  agreed  upon  and  adopted,  except  to 
enlarge  their  accommodations  for  public  use,  by  addi- 
tions to  said  building  described  on  said  plan,  without 
the  written  assent  of  the  County  Commissioners  for 
the  time  being,  or  of  the  persons  who  may  then  be 
acting  as  the  agents  or  representatives  of  said  county. 

Fifth.  The  said  lessees  are  hereby  authorized  to 
sell  or  otherwise  dispose  of,  alter,  amend  and  repair, 
or  take  down  and  remove,  any  of  the  buildings  on 
said  lot,  subject  to  the  reservation  in  the  fourth 
article  and  to  use  the  materials  thereof  in  ^uch  new 
buildings  as  they  may  erect,  but  if  they  take  down 
the  present  Court  House,  or  in  altering  the  same, 
shall  disturb  or  prevent  the  proper  occupation  of  that 
building  by  the  courts  and  officers  now  using  it,  they 
shall  furnish  free    of  expense   to   the  county  such 


358  PUBLIC  BUILDINGS. 

accommodation  as  may  be  suitable  and  necessary  for 
the  use  of  the  county. 

Sixth.  The  said  lessees  hereby  covenant,  that  they 
will  well  and  truly  perform  and  keep,  all  and  singular, 
tt^e  covenants  and  agreements  in  this  lease  contained  ; 
and  if  at  any  time  hereafter,  during  the  continuance 
of  this  lease,  said  lessees  shall  neglect  to  repair  said 
court  house  on  due  notice  and  request  l)y  the  commis- 
sioners or  agents  of  said  county,  or  shall  fail  to  fur- 
nish such  accommodations  and  conveniencies  as  this 
instrument  prescribes  and  requires ;  said  city  shall 
forfeit  to  the  said  county,  the  sum  of  fifty  thousand 
dollars,  and  such  further  sum  as  the  said  county  may 
be  subjected  to  in  making  the  necessary  repairs,  or 
furnishinof  the  accommodations  and  conveniences 
deemed  necessary  and  proper. 

/Seventh.  And  should,  at  any  time  hereafter,  any 
question  arise,  as  to  the  proper  construction  of  this 
instrument,  or  of  the  terms,  covenants  and  conditions 
thereof,  such  disagreement  shall  be  referred  to,  and 
determined  by  three  impartial,  intelligent  and  disin- 
terested men,  one  of  whom  shall  be  a  judge  of  the 
Supreme  Judicial  Court  of  Massachusetts  ;  and  in  case 
the  parties  cannot  agree  upon  the  other  two,  they 
shall  be  appointed  by  the  person  above  designated, 
and  the  final  award  and  determination  of  these  arbi- 
trators, to  be  made  in  writing  to  the  parties,  shall 
be  final  and  conclusive  upon  them. 

In  testimony  whereof,  the  said  county  of  Cumber- 
land by  the  county  commissioners  thereof,  on  the  one 
part,  and  the  Committee  on  Public  Buildings  of  the 
city  of  Portland,  each  being  duly  authorized  and 
qualified  therefor,  have  set  their  names  respectively, 
and  caused  the  corporate  seals  of  said  county  and 
city  to  be  affixed  hereunto  in  duplicate.^ 

'  2  This  contract  and  lease  is  on  file  in  tiie  treasurei*'s  office. 


Public  Parks  and  Squares/ 


Statutes. 

1.  When  muncipal  officers  may  take  land  for  public  parks, 

2.  Duty  of  municipal  officers. 

3.  Appeal. 

Ordinance. 
1.    Removing  gravel,  &c. 

Statutes. 

1.  Any  town  or  city,  containing  more  than  one  thou- 
sand inhabitants,  npon  petition  in  writing  signed  by  at    pai  officers 
least  thirty  of  the  citizens  thereof,  who  are  tax  payers,    may  take  land 
directed  to  the  municipal  officers,  describing  the  land  to    ^^^^    ^ 
be  taken  as  herein  provided,  and  the  names  of  the  owners  issi,  c.  76,  §  i. 
thereof,  so  far  as  they  are  known,  at  a  legal  meeting  of 

such  town,  or  of  the  mayor,  aldermen  -and  city  council  of 
such  city,  may  direct  the  municipal  oflScers  of  such  town 
or  city  to  take  suitable  lands  for  public  parks  or  squares  ; 
and  thereupon  such  municipal  officers  shall  have  power 
and  authority  to  take  such  lands  for  such  purpose,  but 
such  land  shall  not  be  taken  without  the  consent  of  the 
owner,  if  at  the  time  of  filing  such  petition  with  such 
municipal  oflScers,  or  in  the  oflSce  of  the  clerk  of  such 
town  or  city,  such  land  is  occupied  by  a  dwelling-house 
wherein  the  owner  thereof  or  his  family  reside. 

2.  Whenever  the  municipal  officers  of  such  town  or  city 
shall  be  directed  to  take  land  as  provided  by  section  one  of 

this  act,  they  shall,  within  ten  days  thereafter,  give  writ-  putrof  muni 
ten  notice  of  their  intention  to  take  such  land,  describing  cipai  officers, 
the  land  to  l>e  taken,  and  the  time  and  place  of  hearing,  ibid.  §2. 

1  For  establishment  of  Lincoln  Park  in  1861  and  '^7,  see  City  Records,  vol. 
U,  pp.  292,  297,  304,  323,  333,  367,  412,  415,  424,  446.  Lincoln  Park  contains 
about  two  and  one -half  acres. 

For  the  records  in  the  matter  of  "Deering's  Oaks,"  a  park  of  about  fifty 
acres,  see  order  of  city  council  of  Sept.  27, 1879,  vol.  20,  p.  82 ;  and  records 
and  plans  In  city  engineer's  office. 

22 


360  PUBLIC  PARKS  AND   SQUARES. 

by  posting  the  same  in  two  public  places  in  the  town 
where  the  land  lies,  and  in  the  vicinity  of  such  land,  and 
by  publishing  the  same  in  some  newspaper  printed  in  such 
town  or  city,  seven  days  before  the  day  of  such  hearing, 
and  if  no  newspaper  is  printed  in  such  town  or  city 
such  notice  shall  be  given  in  some  newspaper  printed 
in  the  county  where  the  land  lies,  three  weeks  succes- 
sively, the  last  publication  to  be  seven  days  before  such 
hearing.  The  municipal  officers  shall  meet  at  the  time 
and  place  specified  in  the  notice,  view  the  land  to  be 
taken,  hear  all  parties  interested,  and  if  they  decide  that 
the  land  is  suitable  for  the  purpose  for  which  it  is  to  be 
taken,  they  shall  take  the  same  and  estimate  the  damages 
to  be  paid  to  each  person  owning  the  same,  or  interested 
therein,  so  far  as  they  are  known  to  said  municipal  offi- 
cers, and  shall  make  return  of  their  doings  in  writing, 
signed  by  them  or  a  majority  of  them,  which  return  shall 
describe  by  metes  and  bounds  the  lands  so  taken,  and 
shall  state  the  purpose  for  which  it  is  taken,  the 
names  of  the  owners,  so  far  as  they  are  known,  and  the 
amount  of  damages  awarded  to  each,  which  return  shall 
be  filed  and  recorded  in  the  clerk's  office  of  such  town  or 
city,  and  a  copy  thereof,  certified  by  such  clerk,  shall  be 
recorded  in  the  registry  of  deeds  for  said  county. 

3.  Any  person  aggrieved  by  the  estimate  of  damages 
may  appeal  therefrom  by  filing,  within  thirty  days,  in  the 
office  of  the  county  commissioners  for  the  county  where 
the  land  is  taken,  a  petition  in  writing,  signed  by  the 
party  aggrieved,  his  agent  or  attorney,  describing  the 
land  taken,  the  interest  of  tjie  petitioner  therein,  the 
amount  of  damages  awarded  therefor,  and  claiming  an 
appeal  to  the  county  commissioners  from  the  estimate  of 
the  municipal  officers.  A  certified  copy  of  such  petition 
shall  be  served  upon  such  municipal  officers,  by  leaving 
the  same  in  the  clerk's  office  of  such  town  or  city,  at 
least  fourteen  days  before  the  hearing  thereon  ;  and  the 
subsequent  proceedmgs  relating  to  the  hearing  upon  such 
petition  and  damages  shall  be  the  same  as  now  provided 
respecting  highways.    When  such  damages  shall  be  finally 


Appeal,  §  3. 


PUBLIC  PARKS  AND   SQUARES.  361 

determined,  they  shall  be  certified  to  the  clerk  of  such  city 
or  town,  and  paid  by  the  treasurer  thereof. 

Ordinance. 
No  person  shall  remove  any  gravel,  soil  or  material 
from   any   portion   of  the  western  promenade,   the  Removing 
cemeteries,  or  any  other  public  grounds  within  the  (^d?^9*Autr 
city,  without   the   consent  of  the  mayor  expressly  3o. 
given  therefor.     Any  person  violating  this  ordinance, 
shall  be  subject  to  a  penalty  of  fifty  dollars. 


Railroads/ 


statutes. 

1.  Atlantic  and  St.  Lawrence  Railroad  Co.,  City  of  Portland 

to  aid  in  construction.     Act  of  1848.     20  sections. 

2.  Atlantic  and  St.  Lawrence  Railroad  Co.,  City  of  Portland 

to  aid  in  construction.     Act  of  1850.     25  sections. 

3.  Atlantic  and  St.  Lawrence  Railroad  Co.,  City  of  Portlard 

to  aid  in  construction.     Act  of  1852.     7  sections, 

4.  Atlantic  and  St.  Lawrence  Railroad  Co.,  City  of  Portland 

to  aid  in  construction.     Act  of  1853.     7  sections. 

5.  Atlantic  and  St.  Lawrence  Railroad  Co.,  City  of  Portland 

to  aid  in  construction ;  respecting  loans  of  credit.    Act 
of  1868.     8  sections. 

6.  Portland  and  Ogdensburg  Railroad,  City  to  aid.     18  sec- 

tions. 

7.  Portland  and  Forest  Avenue  Railroad,  charter,    15  sections. 
8'.    Portland  and  Forest  Avenue  Railroad,  amendment.    5  sec- 
tions. 

GEXERAL  RAILROAD   ENACTMENTS. 

9.  City  has  power  to  sell  its  interest  in  any  railroad. 

10.  Any  stockholder  may  call  for  a  stock  vote. 

11.  Towns  may  aid  in  constructing  railroad,  extent  of  aid. 

12.  Towns  may  erect  gates  at  railway  crossings. 

13.  Taxation  of  railroads,  buildings,  &c.     Act  of  1881. 

14.  Excise  tax  to  State  treasurer. 

15.  Tax,  how  ascertained. 

16.  Governor  and  council  to  determine  amount. 

17.  When  payable. 

18.  Proceedings  for  abatement. 

19.  Duty  of  railroad  commissioners. 

20.  Inconsistent  acts  repealed. 

21.  Railroad  Company  may  construct  side  tracks  to  a  mill,  &c. 

22.  Crossing  of  a  railroad  or  canal  by  a  railroad. 

23.  Paupers  brought  into  State  by  a  railroad. 

24.  When  a  city  or  town  is  entitled  to  a  director. 

25.  City  of  Portland  authorized  to  sell  its  interest  in  certain 

railroads. 

ORDERS  AND   ORDINANCES. 

1.    Portland  and  Forest  Avenue  Railroad, — street  railway, 
location.     Order. 

1  For  General  Railroad  Laws,  see  R.  S.,  1871,  c.  51. 

The  interest  of  the  city  in  the  Portland  and  Rochester  Railroad  having 
been  sold  in  1879,  all  legislation  on  that  subject  is  omitted  from  this  book. 


RAILROADS.  363 

2.  Portland  and  Forest  Avenue  RaUroad  Route,  turn  outs. 

Order. 

3.  Portland  and  Forest  Avenue  Railroad,  tracks,  grades  and 

curves.     Order. 

4.  Portland  and  Forest  Avenue  Railroad,   construction  of 

tracks,  rules,  &c.     Order. 

5.  Portland  and  Forest  Avenue  Railroad,  additional  location. 

Order. 

6.  Portland  and  Forest  Avenue  Railroad,  obstructions.    Or- 

dinance. 

AGREEMENT. 

Atlantic  and  St.  Lawrence  Railroad  Co.,  Agreement  with 
city  of  October  31,  1868. 

Statutes. 

1. 

ACT    AUTHORIZING    THE     CITY     OF     PORTLAND    TO    AID     THE 
CONSTRUCTION     OF     THE     ATLANTIC     AND 

ST.    LAWRENCE   RAILROAD.^  Private  laws 

Sec.  1.  The  city  of  Portland  is  hereby  authorized  to  city  of  Port- 
loan  its  credit  to  the  Atlantic  and  St.  Lawrence  Railroad  ized  to  loan  its 
Company  in  aid  of  the  construction  of  their  railroad,  A^tianticand 
subject  to  the  following  terms  and  conditions.  Railroad  Co^ 

Sec.  2.  This  act  shall  not  take  effect,  unless  it  shall  be  This  act  to  be 

accepted  by  the  directors  of  said  railroad  company,  and  thrcUrectors 

by  the  vote  of  the  inhabitants  of  said  city,  voting  in  of  said  com- 

ward  meetings,  duly  called,   according   to  law;  and  at  L^'Tv^'ll^^ 

,  c  '  fjje  innabl- 

least  two-thirds  of  the  votes  cast  at  such  ward  meetings    tants  of  said 
shall  be  necessary  for  the  acceptance  of  the  act.     The    ^^^• 
returns   of   such   ward   meetings  shall   be  made  to   the 
aldermen  of  the  city,  and  by  them  counted  and  declared, 
and  the  city  clerk  shall  make  record  thereof. 

Sec.  3.  Upon  the  acceptance  of  the  act  as  aforesaid,  the  Citj- treasurer 
city  treasurer  is  authorized  to  make  and  issue  from  time    authorized  to 
to  time,  for  the  purposes  contemplated  in  this  act,  the    issue  the  scrip 
scrip  of  said  city,  in  convenient  and  suitable  sums,  pay-    o'^hecity. 
able  to  the  holder  thereof,  on  a  term  of  time  not  less  than 
twenty,   nor  more  than  thirty  years,  with  coupons   for 

'  For  charter  and  amendatory  laws  and  effect  of  same,  see  also  Private 
Laws  1845,  c.  195;  184(5,  c.  310;  1850,  c.  304;  1850,  c.  335;  1851,  c.  431;  1853, 
c.  14;ia53,  c.  41;  1853,  c.  150;  1S53,  c.  178;  1853,  c.  195;  1869,  c.  84.  Whit- 
ney V.  Atlantic  &  St.  Lawrence  Railroad  Co.,  44  Maine,  362;  P.  S.  &  P.  R.  R. 
Co.,  V.  G.  &  Tr.  R.  Co.,  63  Maine,  269.  Mortgages  of  said  railroad  company  to 
the  city  recorded  in  city  clerk's  office,  vol.  7,  p.  76;  and  Cum.  Reg.  of  Deeds 
B.  226,  p.  562;  and  citj-  clerk's  office,  vol.  7,  p.  475;  and  Cum.  Reg.  of  Deeds 
B.  243,  p.  225. 


364 


RAILROADS. 


When  $550,000 
have  been  re- 
ceived from 
assessments 
and  expended 
on  said  road, 
the  city  treas- 
urer author- 
ized to  deliver 
the  directors' 
scrip  to  the 
amount  of 
$200,000. 

When  $300,000 
more  may  be 
delivered. 


When  further 
portions  may 
be  delivered. 


Whole  amount 
not  to  exceed 
$1,000,000. 


Certain  pre- 
requisites to 
be  complied 
with. 


Bate  of  scrip. 


Proceeds 
applied  exclu- 
sively to  the 
construction 
«f_said  road, 
&c. 


interest  attached,  payable  semi-annually,  or  yearly,  as 
may  be  agreed: 

Sec.  4.  When  the  railroad  company  shall  have  received 
from  assessments  upon  the  shares  of  the  private  stock- 
holders therein,  and  shall  have  expended  upon  the  con- 
struction of  the  road,  and  its  necessary  equipment,  the 
sum'  of  five  hundred  and  fifty  thousand  dollars,  the  city 
treasurer  shall  then  deliver  to  the  directors  of  the  company, 
the  scrip  aforesaid  to  the  amount  of  two  hundred  thousand 
dollars.  When  the  company  shall  have  expended  that 
sum  in  the  further  construction  and  equipment  of  the 
road,  and  shall  have  received  from  the  assessments 
upon  the  shares  of  private  stockholders,  the  furthei'' 
amount  of  one  hundred  thousand  dollars  the  city  treasurer 
shall  deliver  of  the  scrip  a  further  amoupt  of  three  hundred 
thousand  dollars. 

Sec.  5.  When  the  company  shall  have  expended  in 
the  further  construction  and  equipment  of  the  road  at 
least  one-half  the  proceeds  of  the  scrip  last  named, 
further  portions  of  the  scrip  shall  be  from  time  to  time 
delivered  thereafter,  in  such  amounts  and  proportions, 
that  the  aggregate  of  all  the  scrip  delivered  shall  at  no 
time  exceed  the  whole  amount  of  the  assessments  paid  in 
and  expended.  But  the  whole  amount  of  the  scrip  to  be 
issued  and  delivered  shall  never  exceed  one  million  of 
dollars. 

Sec.  6.  Before  the  delivery  of  any  of  the  scrip,  in  any 
of  the  cases  provided  in  the  preceding  sections,  the  directors 
of  the  company  shall  furnish  satisfactory  evidence  to  the 
mayor  and  aldermen  of  the  city,  that  all  the  pre-requisites 
therein  prescribed  in  the  several  cases  have  been  respec- 
tively complied  with,  and  shall  file  with  the  city  treasurer 
a  certifiate  of  such  compliance,  signed  by  the  president 
and  treasurer  of  the  company,  to  which  certificate  they 
shall  severally  make  oath.  In  all  cases,  the  scrip  shall 
bear  date  from  the  delivery  thereof,  and  the  proceeds 
thereof  shall  be  applied  by  the  directors  of  the  company, 
exclusively  to  the  construction  and  necessary  furniture 
and  equipment  of  the  Atlantic  and  St.  Lawrence  railroad. 

Sec.  7.  Upon  the  delivery  of  each  and  every  portion  of 
the  scrip  aforesaid,  the  directors  shall  execute  and  deliver 


RAILROADS.  365 

to  the  city  treasurer,  the  bond  of  the  company,  in  an  equal  Bond  to  be 
amount,  payable  to  the  city,  conditioned  that  the  company    ^^.'"o^^eij^. 
will  duly  pay  the  interest  on  said  scrip,  and  will  provide  for   ery  of  scrip, 
the  reimbursement  of  the  principal  thereof,  and  hold  the 
city  harmless  on  account  of  the  issue  of  the  same,  accord- 
ing to  the  provisions  of  this  act. 

.  Sec.  8.  The  directors  shall  also  transfer  to  the  city,  Collateral 
upon  the  delivery  of  any  portion  of  the  scrip  as  aforesaid,  ^^^^^'y- 
an  equal  amount  in  the  shares  of  the  company,  to  be  held  as 
collateral  security  for  the  bond  of  the  company,  required 
to  be  given  in  such  case.  And  the  shares  so  held  as 
collateral  shall  be  credited  on  the  stock  books  of  the 
company  as  fully  paid  up,  and  no  assessments  shall  ever 
be  required  thereon,  nor  shall  any  dividends  be  paid  on 
the  same,  nor  any  right  of  acting  or  voting  at  the  meet- 
ings of  the  company  be  claimed  or  exercised  by  reason  of 
said  shares,  so  long  as  the  same  shall  be  held  as  collateral 
as  aforesaid. 

Sec.  9.  From  and  after  the  issue  and  delivery  to  the 
directors  of  any  portion  of  the  scrip  aforesaid,  the  city  ^^^e^'^'^^ori*^" 
shall  have  a  lien  upon  the  said  railroad,  and  upon  all  the  for  said  bond, 
property  and  franchise  of  the  company,  to  secure  the 
performance  of  the  conditions  of  all  the  bonds  of  the 
company  executed  and  delivered  under  the  provisions  of 
this  act. 

Sec.  10.  For  the  purpose  of  providing  for  the  reim- 
bursement of  the  principal  of  the  scrip,  authorized  to  be  sinking  fund, 
issued  by  this  act,  there  shall  be  established  a  sinking 
fund,  and  commissioners  shall  be  appointed  to  manage 
the  same.  One  of  said  commissioners  shall  be  appointed 
by  the  mayor  and  aldermen  of  the  city,  and  one  by  the 
directors  of  the  company,  and  in  case  of  a  vacancy  in  commissioners 
the  place  of  either,  the  same  shall  be  supplied  by  the 
mayor  and  aldermen,  or  by  the  directors,  respectively. 
Both  of  said  commissioners  shall  be  appointed,  and  quali- 
fied before  the  delivery  to  the  directors  of  any  of  the 
scrip.  The  commissioners  shall  severally  be  sworn  to 
the  faithful  discharge  of  the  duties  enjoined  upon  them 
by  this  act,  in  presence  of  the  city  clerk,  who  shall  make 
a  certificate  and  record  thereof,  as  in  the  case  of  the 
qualification  of  city  oflScers.     Each  of  the  commissioners 


366 


RAILROADS. 


Compensatioii. 


Sinking  fund, 
how  con- 
stituted. 


Duty  of  com- 
missioners. 


Treasurer. 


Moneysbelong- 
ing  to  said 

.fund,  liow 
invested. 


shall  give  a  bond  to  the  city,  with  satisfactory  sureties,  in 
the  penal  sum  of  ten  thousand  dolhirs,  conditioned  for 
the  faithful  discharge  of  his  duty  as  commissioner.  They 
shall  receive  such  compensation  as  may  be  established  by 
the  directors,  which  shall  be  paid  to  them  by  the  com- 
pany, and  shall  not  be  diminished  during  their  continuance 
in  office. 

Sec.  11.  Whenever  the  directors  shall  receive  any  por- 
tion of  the  scrip,  authorized  as  aforesaid  to  be  delivered 
to  them,  they  shall  pay  to  the  city  treasurer,  two  per 
cent,  of  the  amount  of  the  scrip  so  delivered,  which 
amount  shall  be,  by  the  city  treasurer,  placed  to  the 
credit  of  the  commissioners  of  the  sinking  fund,  and 
shall  constitute  a  part  of  said  fund.  The  directors  shall 
also,  annually,  in  the  month  of  April,  pay  to  the  city  treas- 
urer, from  the  income  of  the  road,  one  per  cent,  of  the 
whole  amount  of  scrip  which  shall  have  been,  before  that 
time,  issued  and  delivered,  and  shall  be  then  outstanding  ; 
but  after  the  expiration  of  live  years  from  the  time  of  the 
delivery  and  the  receipt  of  the  first  portion  of  scrip  as 
aforesaid,  the  said  annual  payments  from  the  income  of 
the  road  shall  be  increased  to  one  and  a  half  per  cent,  of 
the  amount  of  the  scrip,  then  outstanding  as  aforesaid,  and 
the  said  annual  payments  of  one  per  cent,  for  five  years, 
and  one  and  a  half  per  cent,  annually  thereafter,  shall  be 
successively  placed  to  the  credit  of  the  commissioners  of 
the  sinking  fund,  and  shall  constitute  a  part  of  said  fund. 

Sec.  12.  The  commi^ioners  shall  have  the  care  and 
management  of  all  the  moneys  and  securities  at  any  time 
belonging  to  said  fund  ;  but  the  moneys  uninvested,  and 
the  securities,  shall  be  in  custody  of  the  city  treasurer,  who 
shall  be,  by  vii'tue  of  his  office,  treasurer  of  the  sinking- 
fund,  and  shall  be  responsible,  on  his  official  bond  to  the 
city,  for  the  safe  keeping  of  the  moneys  and  securities  of 
the  fund.  He  shall  pay  out  and  deliver  any  of  the  said, 
moneys  and  securities  only  upon  the  warrant  of  the 
commissioners.  ' 

Sec.  13.  The  commissioners  shall  from  time  to  time, 
at  their  discretion,  invest  the  moneys  on  hand,  securely, 
so  that  they  shall  be  productive,  and  the  same  may  be 
loaned  on  mortgage  of  real  estate,  or  to  any  county,  or 


BAILROADS.  367 

upon  pledge  of  the  securities  of  any  county  in  this  State, 
or  invested  in  the  stock  of  this  vState,  or  of  the  United 
States,  or  in  the  stock  of  any  railroad  company  in  New 
England,  whose  road  is  completed,  and  whose  capital  has 
been  wholly  paid  in.  Any  portion  of  the  fund  may  be 
invested  in  the  city  scrip  authorized  by  this  act,  and  such 
scrip  shall  not  thereby  be  extinguished,  but  shall  be  held 
by  the  commissioners,  like  their  other  investments,  for 
the  purposes  of  the  fund.  An  amount  not  exceeding  ten 
per  cent,  of  the  fund  may  be  loaned  on  pledge  of  the 
stock  of  any  bank,  or  of  any  stock  insurance  company  in 
this  State.  And  the  commissioners  may  from  time  to 
time  sell  and  transfer  any  of  said  securities.  To  be  reserved 

Sec.  14.  The  sinking  fund,  and  all  the  sums  which    for  the  re- 
shall  be  added  thereto  by  accumulation  upon  the  invest-    ^™^rinci**ai 
ments  thereof,  shall  be  reserved  and  kept  inviolate  for  the    of  said  scrip, 
redemption  and  reimbursement  of  the  principal  of  said 
scrip  at  the  maturity  thereof,  and  shall  be  applied  thereto 
by  the  commissioners. 

Sec.  15.  Any  of  the  shares  in  the  stock  of  the  rail-  When  the 
road  company,  held  by  the  city  as  collateral,  may  be  sold  collateral  may 
and  transferred  by  direction  of  the  commissioners  of  the  be  sold  or 
sinking  fund,  with  the  consent  of  the  directors  of  the  rail- 
road company,  whenever  an  exchange  thereof  can  be 
advantageously  made  for  any  of  the  city  scrip,  authorized 
by  this  act,  or  whenever  the  said  scrip  can  be  advanta- 
geously purchased  with  the  proceeds  of  any  such  sale  of 
such  collateral  shares.  And  the  scrip  so  purchased  or 
taken  in  exchange,  shall  be  thereupon  cancelled  and 
extinguished,  and  the  amount  thereof  shall  be  endorsed 
on  the  respective  bonds  of  the  railroad  company  given  on 
the  issue  and  delivery  of  such  scrip.  But  no  part  of  the 
sinking  fund,  or  of  its  accumulations,  shall  be  applied 
at  any  time  or  in  any  manner  to  the  redemption  and 
extinguishment  of  the  scrip  before  maturity  thereof.  "au  to^*T* 

Sec.  16.  If  the  directors  of  the  railroad  company  into  the  sink- 
shall,  at  any  time,  fail  to  pay  to  the  city  treasurer,  for  J^nte^'^orin- 
the  sinking  fund,  the  amount  aforesaid  of  one  per  cent,  come  of  road. 
or  of  one  and  a  half  per  cent,  required  to  be  paid  into  the  Commissioners 
sinking  fund,  out  of  the  income  of  the  road,  the  commis-  ^i^'co'i^t^rai 
sioners  are   authorized,  at   their  discretion,   upon   such    shares. 


368 


EAILROADS. 


Conveyances 
and  transfers. 


Commissioners 
to  keep  a 
record  of 
proceedings. 


Annual  report. 


Power  of 
supreme  judi- 
cial court,  on 
complaint 
against  said 
commission- 
ers. 


If  sinking  fund 
at  any  time 
exceed  the 
amount  of 
scrip  unre- 
deemed. 


notice  to  the  company  as  they  shall  deem  suitable,  to  sell 
so  many  of  such  collateral  shares  as  may  be  necessary  to 
produce  the  amount  of  such  deficiency,. and  the  proceeds 
of  such  sale  shall  thereupon  be  paid  into  the  sinking  fund, 
and  shall  be  applied  to  the  purposes  thereof.  And  all 
conveyances  and  transfers  of  such  collateral  shares  shall 
be  made  by  the  city  treasurer,  under  the  direction  of  the 
commissioners  of  the  fund  in  pursuance  of  the  provisions 
of  this  act. 

Sec.  17.  The  commissioners  shall  keep  a  true  record 
of  all  their  proceedings  and  an  account  of  all  the  sums 
paid  into  the  fund,  and  of  the  investments  made  of  the 
same,  and  shall,  annually,  in  the  month  of  July,  report  to 
the  mayor  and  aldermen,  and  to  the  directors  of  the  rail- 
road company,  their  proceedings  for  the  year,  the  amount 
and  condition  of  the  fund,  and*  the  income  of  the  several 
parts  thereof.  And  their  records,  and  the  accounts  of 
the  fund,  and  the  securities  belonging  thereto^  shall  at  all 
times  be  open  to  inspection  by  such  committee  as  may  be 
appointed  for  that  purpose  by  the  mayor  and  aldermen, 
or  by  the  directors  of  the  company. 

Sec.  18.  To  secure  the  faithful  discharge  of  the  sev- 
eral trusts  confided  to  the  said  commissioners  under  this 
act,  the  supreme  judicial  court  is  hereby  empowered,  upon 
the  complaint  of  the  mayor  and  aldermen,  or  of  the 
directors  of  the  railroad  company,  against  the  said  com- 
missioners, or  either  of  them,  concerning  any  of  said 
trusts  and  duties,  by  summary  process  according  to  the 
course  of  proceedings  in  equity,  to  hear  and  adjudge 
upon  the  matter  of  such  complaint,  and  to  issue  thereon, 
any  suitable  writ  or  process,  and  make  any  proper  decree 
to  compel  the  appropriate  discharge  and  performance  of 
such  trusts  and  duties,  and  to  remove  the  said  commis- 
sioners, or  either  of  them  ;  and  in  case  of  such  removal, 
the  vacancy  shall  be  immediately  supplied,  as  provided  in 
the  tenth  section  of  this  act.  « 

Sec.  19.  If  the  said  sinking  fund  with  its  accumula- 
tions, shall  at  any  time  exceed  the  amount  of  the  scrip 
unredeemed  and  outstanding,  all  such  excess  shall  be 
annually  paid  over  to  the  railroad  company ;  and  if  any 
surplus  of  the  fund  shall  remain  after  the  redemption  and 


EAILROADS.  369 

reimbursement  of  all  the  scrip,  such  surplus  shall  be  paid 
over  to  the  company. 

Sec.  20.  This  act  shall  take  effect  and  be  in  force,  ^^^^1.*^^^^ 
from  and  after  its  approval  by  the  governor,  so  far  as  to 
empower  the  directors  of  the  railroad  company,  and  the 
inhabitants  of  the  city  to  act  upon  the  question  of  accept- 
ing the  same,  as  provided  in  the  second  section  of  this  act.  \ 
And  the  several  ward  meetings  of  the  inhabitants  for  that 
purpose,  shall  be  called  and  holden  within  thirty  days 
after  such  approval.  And  if  the  act  shall  be  accepted  as 
aforesaid,  then  after  such  acceptance,  and  record  thereof, 
all  the  parts  of  the  act  shall  take  effect  and  be  in  full 
force.  3 

V 

2. 

ACT     AUTHORIZING     THE     CITY     OF     PORTLAND      TO      GRANT 

FURTHER    AID     IN     THE     CONSTRUCTION     OF     THE 

ATLANTIC    AND    ST.    LAWRENCE    RAILROAD. 

Sec.  1.  The  city  of  Portland  is  hereby  authorized  to  Private  laws 
make  a  further  loan  of  its  credit  to  the  Atlantic  and  St.    1850,  c.  335. 
Lawrence  Railroad  Company,  in  aid  of  the  construction  ^/^^^'^^^ 
of   their  railroad — subject  to   the  following   terms  and    izedtoioan 
conditions.  "^«^^^- 

Sec.  2.  This  act  shall  not  take  effect,  unless  it  shall  be  Act  when  to 
accepted  by  the  directors  of  said  railroad  company,  and  take  effect. 
by  the  vote  of  the  inhabitants  of  said  city,  voting  in  ward 
meetings  duly  called  according  to  law  ;  and  at  least  two- 
thirds  of  the  whole  number  of  votes  cast  at  such  ward 
meetings  shall  be  necessary  for  the  acceptance  of  the  act. 
The  returns  of  such  ward  meetings  shall  be  made  to  the 
aldermen  of  the  city,  and  they  shall  count  and  declare 
the  votes  returned,  and  the  city  clerk  shall  make  record 
thereof. 

Sec.  3.  Upon  the  acceptance  of  the  act  as  aforesaid, 
the  city  treasurer  is  authorized  to  make  and  issue  from  Scrip  to  be 
time  to  time,  for  the  purposes  contemplated  in  this  act, 
the  scrip  of  said  city,  in  convenient  and  suitable  sums 
payable  to  the  holder  thereof,  on  a  term  of  time  not  less 
than  twenty  nor  more  than  thirty  years,  with  coupons  for 
interest  attached,  payable  semi-annually  or  yearly. 

»  Accepted  August  16, 1848.    See  city  records,  voL  4,  page  50. 


370 


RAILROADS. 


Amount  not  to 
exceed 

$500,000. 


Date  of  scrip 
and  how 
applied. 


Bond  of  the 
company  to  he 
given  for  the 
scrip. 


Security  to  be 
given  if 
required. 


City  not  to  be 
considered  a 
stockholder. 


Sec.  4.  The  whole  amount  of  the  scrip  to  be  issued 
and  delivered  under  this  act,  shall  not  exceed  five  hun- 
dred thousand  dollars,  and  the  same  shall  be  delivered 
by  the  city  treasurer  to  the  directors  of  the  railroad 
company  from  time  to  time  as  may  be  required,  subject 
to  the  several  provisions  of  this  act.  In  all  cases  the 
scrip  shall  bear  date  from  the  delivery  thereof,  and  the 
proceeds  of  the  same  shall  be  applied  by  the  directors  of 
the  company,  exclusively  to  the  construction  and  neces- 
sary furniture  and  equipment  of  the  Atlantic  and  St. 
Lawrence  railroad. 

Sec.  5.  Upon  the  delivery  of  each  and  every  portion 
of  the  scrip  aforesaid,  the  directors  shall  execute  and 
deliver  to  the  city  treasurer,  for  the  city,  the  bond  of 
the  company  in  an  equal  amount,  payable  to  the  city, 
conditioned  that  the  company  will  duly  pay  the  interest 
on  said  scrip,  and  will  provide  for  the  reimbursement  of 
the  principal  thereof,  and  hold  the  city  harmless  on 
account  of  the  issue  of  the  same,  according  to  the  pro- 
visions of  this  act. 

Sec.  6.  The  directors  shall  also,  if  required  by  the 
mayor  and  aldermen  of  the  city,  transfer  to  the  city, 
upon  the  delivery  of  any  portion  of  the  scrip  as  aforesaid, 
an  equal  amount  in  the  shares  of  the  company,  to  be  held 
as  security  for  the  faithful  performance  of  all  the  obliga- 
tions of  the  company  mentioned  in  the  preceding  section, 
and  the  certificate  of  such  shares  shall  be  delivered  to  the 
city  treasurer.  The  shares  so  transferred  shall  be  cred- 
ited in  the  stock  books  of  the  company  as  fully  paid  up. 
But  the  city  shall  not  be  taken  and  held  as  a  stockholder 
in  the  company  by  reason  of  the  transfer  of  shares  for 
the  purposes  aforesaid,  under  the  provisions  of  this  act, 
or  of  an  act  passed  August  first,  one  thousand  eight 
hundred  and  forty-eight,  nor  shall  any  assessment  ever 
be  required  on  the  shares  hereby  authorized  to  be  trans- 
ferred as  aforesaid,  nor  shall  any  dividends  be  paid  on 
the  same,  nor  any  right  of  acting  or  voting  at  the  meet- 
ings of  the  company  be  claimed  or  exercised  by  reason  of 
said  shares,  so  long  as  the  same  shall  be  held  as  security 
as  aforesaid. 


RAILROADS.  371 

Sec.  7.  From  and  after  the  issue  and  delivery  to  the  Additional  lien, 
directors  of  any  portion  of  the  scrip  issued  under  this  act, 
the  city  shall  have,  in  addition  to  the  lien  which  it  now 
has  by  virtue  of  the  act  passed  as  aforesaid  August  first, 
one  thousand  eight  hundred  and  forty-eight,  a  further 
lien  upon  said  railroad,  and  upon  all  the  property  and 
franchise  of  the  company,  to  secure  the  performance  of 
the  conditions  of  all  the  bonds,  executed  and  delivered 
under  the  provisions  of  this  act,  which  lien  may  be 
enforced  in  the  manner  hereinafter  provided. 

Sec.  8.  For  the  purpose  of  providing  for  the  reim-  sinking  fund, 
bursement  of  the  principal  of  the  scrip,  authorized  to  be 
issued  by  this  act,  a  sinking  fund  shall  be  established, 
and  shall  be  under  the  management  of  commissioners. 
The  same  persons  who  shall  from  time  to  time,  be  the 
commissioners  of  the  sinking  fund  created  under  the  act 
aforesaid,  passed  August  first,  one  thousand  eight  hun- 
dred and  forty-eight,  shall  be  the  commissioners  of  the 
sinking  fund,  created  under  this  act.  They  shall  severally 
be  sworn  to  the  faithful  discharge  of  the  duties  enjoined 
upon  them  by  this  act,  before  the  delivery  of  any  portion 
of  the  scrip  hereby  authorized,  which  oath  shall  be  taken 
in  presence  of  the  city  clerk,  who  shall  make  record  thereof, 
as  in  the  case  of  the  qualification  of  city  officers. 

Sec.  9.  Whenever  the  directors  shall  receive  any  por-  sinking  fund, 
tion  of  the  scrip,  authorized  as  aforesaid  to  be  delivered    how  raised, 
to  them,  they  shall  pay  to  the  city  treasurer  two  per  cent, 
of  the  amount  of  the  scrip  so  delivered,  which  amount 
shall  be  by  the  city  treasurer  placed  to  the  credit  of  the 
commissioners  of  the  sinking  fund,  and  shall  constitute  a 
part  of  the  fund  established  by  this  act.     The  directors 
shall  also  annually,  in  the  month  of  April,  pay  to  the  city 
treasurer,  from  the  income  of  the  road,  one  per  cent,  of 
the  whole  amount  of  scrip  which  shall  have  been  before 
that  time  issued  and  delivered  under  this  act,  and  which 
shall  be  then   outstanding ;  but  after  the  expiration  of  sinking  fund 
five  years  from  the  time  of  the  delivery  and  receipt  of   ^^^  ^  specific 
the  first  portion  of  scrip  as  aforesaid,  the  said  annual   purpose, 
payments  from  the  income  of  the  road  shall  be  increased 
to  one  and  a  half  per  cent,  of  the  amount  of  the  scrip  so 


372  RAILEOADS. 

Shares  in  the     issued  and  then  outstanding  as  aforesaid,  and  the  said 
stock  may  be    annual  payment  of  one  per  cent,  for  five  years,  and  one 
scrip^"^^    °^  ^^^  ^  ^^^^  P^^  cent,  annually  thereafter,  shall  be  succes- 
sively placed  to  the  credit  of  the  commissioners  of  the 
sinking  fund,  and  shall  constitute  a  part  of  said  fund 
established  by  this  act. 

Sec.  10.  The  commissioners  shall  have  the  care  and 
management  of  all  the  moneys  and  securities  at  any  time 
belonging  to  said  fund  ;  but  the  moneys  uninvested,  and 
the  securities,  shall  be  in  the  custody  of  the  city  treasurer, 
who  shall  be,  by  virtue  of  his  office,  treasurer  of  the  sink- 
ing fund  established  by  this  act,  and  shall  be  responsible 
in  his  official  bond  to  the  city,  for  the  safe  keeping  of  the 
moneys  and  securities  of  the  fund.  He  shall  pay  out  and 
deliver  any  of  said  moneys  and  securities  only  upon  the 
warrant  of  the  commissioners. 

Sec.  11.  The  commissioners  shall  from  time  to  time, 
at  their  discretion,  invest  the  moneys  on  hand,  securely, 
so  that  they  shall  be  productive,  and  the  same  may  be 

Commissioners  ,  ,  ,  -;  i         .    .  -  . 

authorized  to    loaned  on  mortgage  of  real  estate,  or  to  any  county,  or 
sell  stock  in      upon  pledge  of  the  securities  of  any  county  in  this  State, 
cer  meases.  ^^  invested  in  the  stock  of  this  State,  or  of  the  United 
States.     And  any  portion  of  the  fund  may  be  invested 
in  the  scrip  authorized  by  this  act,  or  by  the  aforesaid  act 
of  August  first,  one  thousand  eight  hundred  and  forty- 
eight,  and  such  scrip  shall  not  thereby  be  extinguished, 
but  shall  be  held  by  the  commissioners,  like  their  other 
investments,  for  the  purposes  of  the  fund .    An  amount  not 
exceeding  twelve  per  cent,  of  the  fund  may  be  loaned  on 
pledge  of  the  stock  of  ^ny  bank,  or  of  any  stock  insur- 
ance company  in  this  State,  and  the  commissioners  may, 
from  time  to  time  sell  and  transfer  any  of  said  securities. 
Sec.  12.  The  sinking  fund  aforesaid,  and  all  the  sums 

Sinking  fund     which  shall  be  added  thereto  by  accumulation  upon  the 
to  be  reserved  .  ,  /.,!,,-,,,. 

foraspecinc    mvestments  thereof,  shall  be  reserved,  and  kept  inviolate 

purpose.  foj.  i\iQ  redemption  and  reimbursement  of  the  principal  of 

the  scrip  authorized  by  this  act  at  the  maturity  thereof, 
and  shall  be  applied  thereto  by  the  commissioners. 

Sec.  13.  Any  of  the  shares  in  the  stock  of  the  com- 
pany, held  by  the  city  for  security,  as  provided  in  the 


RAILROADS.  373 

sixth  section  of  this  act,  may  be  sold  and  transferred  by  shares  in  the 
the  commissioner  of  the  sinking  fund,-  with  the  consent   stock  may  be 
of  the  directors  of  the  company,  whenever  an  exchange    gcrfp^"^^ 
thereof  can  be  advantageously  made  for  any  of  the  scrip 
authorized  by  this  act,  or  whenever  the  said  scrip  can  be 
advantageously  purchased  with  the  proceeds  of  any  such 
sale  of  such  collateral  shares.      And  the  scrip  so  pur- 
chased and  taken  in  exchange,  shall  be  thereupon  can- 
celled and  extinguished,  and  the  amount  thereof  shall  be 
endorsed  on  the  respective  bonds  of  the  company  given 
on  the  issue  and  delivery  of  such  scrip.     But  no  part  of 
the  sinking  fund  established  by  this  act,  or  of  its  accumu- 
lations, shall  be  applied  at  any  time  or  in  any  manner  to 
the  redemption  and  extinguishment  of  the  scrip,  before 
the  miaturity  thereof. 

Sec.  14.  If  the  directors  of  the  company  shall  at  any  ^ 

.  Commissioners 

time  fail  to  pay  to  the  city  treasurer  for  the  smkmg  fund    authorized  to 

created  by  this  act,  the  amount  aforesaid  of  one  per  cent,  seu  stock  in 
or  of  one  and  a  half  per  cent,  required  to  be  paid  into  the 
sinking  fund,  out  of  the  income  of  the  road,  the  commis- 
sioners are  authorized,  at  their  discretion,  upon  such 
notice  to  the  company  as  they  shall  deem  suitable,  to  sell 
so  many  of  the  shares  held  by  the  city  for  security,  as 
may  be  necessary  to  supply  the  amount  of  such  deficiency, 
and  the  proceeds  of  such  sale  shall  thereupon  be  paid  into 
the  sinking  fund,  and  shall  become  a  part  thereof.  All 
such  couve^'ances  and  transfers  of  shares,  which  may  be 
sold  as  aforesaid,  shall  be  made  by  the  city  treasurer, 
under  the  direction  of  the  commissioner. 

Sec.  15.  The  commissioners  shall  keep  a  true  record 
of  all  their  proceedings,  and  an  account  of  all  the  sums  Record,  how 
paid  into  the  fund,  and  of  the  investments  of  the  same,  ^^  ' 
and  shall,  annually  in  the  month  of  July,  report  to  the 
mayor  and  aldermen  of  the  city,  and  to  the  directors  of 
the  railroad  company,  their  proceedings  for  the  year,  the 
amount  and  condition  of  the  fund,  and  income  of  the 
several  parts  thereof.  Their  records,  and  the  accounts 
of  the  fund,  and  the  securities  belonging  thereto  shall  at 
all  times  be  open  to   the  inspection  of  any  committee 


374 


RAILROADS. 


Matters  of 
complaint  be- 
tween the  city 
and  commis- 
sioners, how 
adjusted. 


Excess  of 
sinking  fund, 
how  applied. 


Lien  to  be 
secured  by 
mortgage. 


appointed  for  that  purpose  by  the  mayor  and  aldermen, 
or  by  directors  of  the  company. 

Sec.  16.  To  secure  the  faithful  discharge  of  the  sev- 
eral trusts  confided  to  the  said  commissioners  under  this 
act,  the  supreme  judicial  court  is  hereby  empowered,  upon 
the  complaint  of  the  mayor  and  aldermen  of  the  city,  or 
of  the  directors  of  the  railroad  company,  against  the  said 
commissioners  or  either  of  them,  concerning  any  of  their 
said  trusts  and  duties,  by  summary  process,  according  to 
the  course  of  procedings  in  equity,  to  hear  and  adjudge 
upon  the  matters  of  such  complaint,  and  to  issue  thereon, 
any  suitable  writ  or  process,  and  make  any  lawful  decree 
to  compel  the  proper  discharge  and  performance  of  such 
duties  and  trusts,  and  to  remove  the  said  commissioners 
or  either  of  them. 

Sec.  17.  If  the  said  sinking  fund  with  its  accumula- 
tions shall  at  any  time  exceed  the  amount  of  the  scrip 
unredeemed  and  outstanding,  issued  under  this  act,  all, 
such  excess  shall  be  annually  paid  over  to  the  railroad 
company  ;  and  if  any  surplus  of  the  fund  shall  remain 
after  the  redemption  and  reimbursement  of  all  the  said 
scrip,  such  surplus  shall  be  paid  over  to  the  company.  And 
the  mayor  and  aldermen  may  from  time  to  time,  cause  to 
be  reconveyed  to  the  railroad  company,  such  parts  of  the 
stock  transferred  to  the  city  under  this  act,  or  the  act 
aforesaid,  passed  August  first,  one  thousand  eight  hundred 
and  forty-eight,  as  they  may  deem  not  to  be  required  for 
the  securities  herein  provided.  Upon  the  final  comple- 
tion of  all  the  duties  enjoined  upon  the  commissioners 
under  this  act,  their  records  and  accounts  shall  be  depos- 
ited with  the  railroad  company. 

Sbc.  18.  For  the  purpose  of  securing  and  enforcing 
the  lien  granted  to  the  city  by  the  seventh  section  of  this 
act,  and  by  the  ninth  section  of  the  act  aforesaid,  passed 
August  first,  one  thousand  eight  hundred  and  forty-eight, 
the  directors  of  the  company  are  hereby  authorized,  and 
it  shall  be  their  duty  whenever  thereby  directed  by  the 
mayor  and  aldermen,  to  execute  and  deliver  to  the  city 
of  Portland  a  mortgage  of  said  railroad  and  of  all  its 
property  real  and  personal,  and  of  the  franchise  of  the 


RAILROADS.  375 

company.  Such  mortgage  shall  be  signed  by  the  presi-  Mortgage,  how 
dent  of  the  company  in  his  official  capacity,  and  shall  be  executed,  &c. 
executed  according  to  the  laws  of  the  several  States 
through  which  the  railroad  shall  pass,  and  shall  be  of  due 
and  legal  form,  and  shall  contain  apt  and  sufficient  terms 
for  the  security  of  the  city  against  any  liabilities  then 
existing,  or  which  may  thereafter  be  incurred  in  pursuance 
of  this  act,  and  of  the  act  aforesaid,  passed  August  first, 
one  thousand  eight  hundred  and  forty-eight.  The  record 
of  such  mortgage  in  the  registry  of  deeds  for  Cumberland 
county  shall  be  a  sufficient  registry  thereof  to  all  intent 
and  purposes,  within  this  State.  If  any  portion  of  the 
railroad  shall  not  have  been  completed  at  the  time  of  the 
execution  of  such  mortgage,  the  directors  shall  be  held 
whenever  thereto  requested,  as  aforesaid,  to  execute  and 
deliver  other  like  mortgages  of  any  other  portion  of  the 
road  and  property,  as  may  be  from  time  to  time  required, 
and  such  further  mortgage  shall  be  subject  to  like  pro- 
♦visious,  and  shall  have  like  operation  as  is  hereinbefore 
prescribed. 

Sec.  19.  if  the  directors  of  the  company  shall  neglect  xegiectofduty, 
or  refuse  to  execute  and  deliver  any  such  mortgage,  after    &c. 
request  as  aforesaid,  the  mayor  and  alderman  may  cause 
a  suit  in  equity  to  be  instituted  in  the  name  of  the  city  to  \ 
compel  the  due  execution  and  delivery  thereof.      The 
supreme   judicial  court  for  the  county  of  Cumberland, 
shall  have  jurisdiction  of  such  suit,  and  shall  hear  and 
determine  the  same,  by  summary  process,  in  their  discre- 
tion,  and  shall  make   such   decree   therein    as   may   be 
suitable  to  effect  the  purposes  herein  required. 

Sec.  20.  For  the  purpose  of  foreclosing  any  such 
mortgage  upon  the  property  and  franchise  of  the  com-  Foreclosure  of 
pany  within  this  State,  it  shall  be  sufficient  for  the  mayor  "^'^^s^^- 
and  aldermen  to  give  notice  according  to  the  mode 
prescribed  in  the  fifth  section  of  the  one  hundred  and 
twenty-fifth  chapter  of  the  revised  statutes,  which  notice 
may  be  published  in  a  newspaper  printed  in  the  city  of 
Portland,  and  record  thereof  may  be  made  within  thirty 

23 


376 


RAILROADS. 


City  of  Port- 
land to  take 
possession  of 
the  road  in 
case  the  com- 
pany omit  to 
pay  the  inter- 
est. 


Notice,  bow 
given. 


days  after  the  date  of  the  last  publication,  in  the  registry 
of  deeds  for  the  county  of  Cumberland,  which  publica- 
tion and  record  shall  be  sufficient  for  the  purposes  of  such 
foreclosure.  Upon  the  expiration  of  three  years  from 
and  after  such  publication,  if  the  conditions  of  such  mort- 
gage shall  not  within  that  time  have  been  performed,  the 
foreclosure  shall  be  complete,  and  shall  be  sufficient  to  make 
the  title  to  all  the  property  and  franchise  aforesaid,  abso- 
lute in  the  city  of  Portland.  And  any  transfer  of  any  of 
the  personal  property  of  the  company,  made  after  publica- 
tion of  such  notice  to  foreclose,  without  the  consent  of  the 
mayor  and  aldermen,  shall  be  wholly  void  ;  but  lawful  trans- 
fers and  changes  of  any  of  the  personal  property  of  the  com- 
pany, not  including  the  franchise,  andthe  rails  actually  laid, 
and  the  right  of  way,  may  be  made  notwithstanding  such 
mortgage,  before  publication  of  notice  to  foreclose  as 
aforesaid  ;  and  all  personal  property  acquired  by  the  com- 
pany, by  purchase,  exchange  or  otherwise,  after  the  exe- 
cution and  delivery  of  any  such  mortgage,  shall  be  covered 
and  held  thereby. 

Sec.  21.  If  the  directors  of  the  company  shall  at  any 
time  neglect  or  omit  to  pay  the  interest  which  may  become 
due  upon  any  portion  of  the  scrip  issued  and  delivered 
under  the  provisions-  of  this  act,  or  of  the  act  aforesaid, 
passed  August  first,  one  thousand  eight  hundred  and  for- 
ty-eight, or  to  make  the  annual  payments  thereby  required 
for  the  sinkifig  fund,  the  city  of  Portland  may  take  actual 
possession  in  the  manner  hereinafter  provided,  of  the  rail- 
road, of  all  the  property  real  and  personal  of  the  company 
and  of  the  franchise  thereof,  and  may  hold  the  same  and 
apply  the  iticome  thereof  to  make  up  and  supply  such 
deficiencies  of  interest  and  amounts  payable  for  the  sink- 
ing fund  and  all  further  deficiencies  that  may  occur,  while 
the  same  are  so  held,  until  such  deficiencies  shall  be  fully 
made  up  and  discharged.  A  written  notice  signed  by  the 
mayor  and  aldermen,  or  by  a  majority  of  their  number, 
and  served  upon  the  president  or  treasurer,  or  any 
director  of  the  company,  or  if  there  are  none  such,  upon 
any  stockholder   in   the   company,  stating   that  the  city 


RAILROADS. 


377 


accruing  from 
the  road  after 
said  notice  to 
belong  to  the 
city. 


thereby  takes  actual  possession  of  the  railroad,  and  of 
the  property  and  franchise  of  the  company,  shall  be  a 
suflScient  actual  possession  thereof  and  shall  be  a .  suffi- 
cient legal  transfer  of  all  the  same  for  the  purposes 
aforesaid  to  the  city,  and  shall  enable  the  city  to  hold  the 
same  against  any  other  transfers  thereof,  and  against  any 
other  claims  thereon,  until  such  purposes  have  been  fully 
accomplished.  Such  possession  shall  not  be  considered 
as  an  entry  for  foreclosure,  under  any  mortgage  herein- 
before provided,  nor  shall  the  rights  of  the  city  or  of  the 
company  under  such  mortgage  be  in  any  manner  affected 
thereby. 

Sec.  22.  All  moneys  received  by  or  for  the  railroad  ^jj^^^^g^ 
company,  after  notice  as  aforesaid,  from  any  source 
whatever,  and  by  whomsoever  the  same  may  be  received, 
shall  belong  to  and  be  held  for  the  use  and  benefit  of  the 
city  in  the  manner,  and  for  the  purposes  herein  provided, 
and  shall,  after  notice  given  to  persons  receiving  the  same 
respectively,  be  by  them  paid  to  the  city  treasurer,  which 
payment  shall  be  an  effectual  discharge  from  all  claims 
of  the  company  therefor ;  but  if  any  person,  without  such 
notice,  shall  make  payment  of  moneys  so  received  to  the 
treasurer  of  the  company,  such  payment  shall  be  a  dis- 
charge of  all  claims  of  the  city  therefor.  All  moneys 
recived  by  the  treasurer  of  the  company,  after  such  notice, 
or  in  his  hands  at  the  time  such  notice  may  ])e  given,  shall 
be  by  him  paid  to  the  city  treasurer,  after  deducting  the 
amount  expended,  or  actually  due  for  the  running  ex- 
penses of  the  road,  for  the  salaries  of  the  officers  of 
the  company,  and  for  repairs  necessary  for  conduct- 
ing the  ordinary  operations  of  the  road.  Such  payments 
to  the  city  treasurer  shall  be  made  at  the  end  of  every  cal- 
endar month,  and  shall  be  by  him  applied  to  the  payment 
of  the  interest  due  as  aforesaid,  and  placed  to  the  credit 
of  the  commissioners  of  the  sinking  fund,  in  the  amounts  Penalty,  &c. 
required  by  the  provisions  of  this  act,  and  the  act  afore- 
said, passed  August  first,  one  thousand  eight  hundred  and 
forty-eight.  And  any  person  who  shall  pay  or  apply  any 
moneys  received  as  aforesaid  in  any  manner  contrary  to 
the  foregoing  provisions,  shall  be  personally  liable  there- 


378  RAILROADS. 

for,  and  the  same  may  be  recovered  in  an  action  for 
money  had  and  received,  in  the  name  of  the  city  treas- 
urer, whose  duty  it  shall  be  to  sue  for  the  same,  to  be  by 
him  held  and  applied  as  is  herein  required. 

Sec.  23.  For  the  purpose  of  effecting  the  objects  pre- 

A  wi-it  of    in-  '       ^       ,  ,       ^      ,  _ 

junction  may  scribed  in  the  two  preceding  sections,  the  mayor  and 
be  issued.  aldermen  may  cause  a  suit  in  equity  to  be  instituted  in 
the  name  of  the  city,  in  the  supreme  judicial  court  in  the 
county  of  Cumberland,  against  the  railroad  company,  its 
directors,  and  any  other  person,  as  may  be  necessary  for 
the  purpose  of  discovery,  injunction,  account  or  other 
relief  under  the  provisions  of  this  act.  And  any  judge 
of  the  court  may  issue  a  writ  of  injunction  or  any  other 
suitable  process  on  any  such  bill,  in  vacation  or  in  term 
time,  with  or  without  notice,  and  the  court  shall  have 
jurisdiction  of  the  subject  matter  of  such  bill,  and  shall 
have  such  proceedings  and  make  such  orders  and  decrees 
as  may  be  within  the  powers  and  according  to  the  course 
of  proceedings  of  courts  of  equity,  and  as  the  necessities 
of  the  case  may  require. 

Sec.  24.  If  the  railroad  company  shall,  after  notice  of 
appointed  by  possession  as  aforesaid,  neglect  to  choose  directors  thereof, 
the  city  of      or  any  other  necessary  officers,  or  none  such  shall  be  found, 
cas^e  the  com-  ^^^  mayor  and  aldermen  of  the  city  shall  appoint  a  board 
pany  neglect    of  directors,  Consisting  of  not  less  than  seven   persons 
or   any   other   necessary    officers,    and    the    persons    so 
appointed  shall  have  all  the  power  and  authority  of  officers 
chosen  or  appointed  under  the  provisions  of  the  act  estab- 
lishing said  company,  and  upon  their  acceptance  of  such 
offices,  shall  be  subject  to  all  the  duties  and  liabilities 
thereof. 

Sec.  25.  This  act  shall  take  effect  from  and  after  its 
^kreffecT  approval  by  the  governor,  so  far  as  to  empower  the 
directors  of  the  railroad  company,  and  the  inhabitants  of 
the  city  to  act  upon  the  question  of  accepting  the  same. 
The  several  ward  meetings  of  the  inhabitants  for  that 
purpose,  shall  be  called  and  holden  within  thirty  days  after 
such  approval.  And  if  the  act  shall  be  accepted  as  afore- 
said, then, •after  such  acceptance,  and  record  thereof,  all 
the  parts  of  the  act  shall  take  effect  and  be  in  full  force. "* 
4  Acc^ted  August  22, 1850.    See  city  records,  vol.  5,  page  352. 


RAILROADS.  379 

3. 

THE    CITY     OF     PORTLAND     TO     GRANT     FURTHER   AID    IN.  THE 

CONSTRUCTION    OF   THE   ATLANTIC    AND 

ST.    LAWRENCE   RAILROAD. 

Sec.  1.  The  city  of  Portland  is  hereby  authorized  to  Private  laws  of 
make  a  further  loan  of  its  credit  to  the  Atlantic  and  St.    1852,  c.  475. 
Lawrence  Railroad  Company  for  the  x)iirpose  of  aiding  Loan  author- 
the  final  completion   and   equipment  of  the  railroad  of    ^z^d. 
said  company  subject  to  the  following  terms  and   con- 
ditions. 

Sec.  2.  This  act  shall  not  take  effect,  unless  it  shall, 
be  accepted  by  the  directors  of  said  railroad  company,  Act  not  to  take 
and  by  the  vote  of  the  inhabitants  of  said  city,  voting  in    accepted  bj- 
ward  meetings  duly  called  according  to  law  ;  and  at  least    company  and 
two-thirds  of  the  whole  number  of  votes  cast  at  such  ward    H^^ 
meetings   shall  be  necessary  for  the  acceptance  of  the 
act.     The  returns  of  such  ward  meetings  shall  be  made 

.      ,  .  ,      ,  ,1,  i  1   Return  of  votes 

to   the   aldermen  of  the   city,  and  they  shall  count  and    how  made. 

declare  the  votes  retui-ned,  and  the  city  clerk  shall  make 

record  thereof. 

Sec  3.  Upon  the  acceptance  of  the  act  as  aforesaid,  the  City  scrip,  how 

city  treasurer  shall  make  and  issue,  for  the  purposes  con-    issued  and 

*'  '  1.       i.  amount. 

tern  plated  in  this  act,  the  scrip  of  said  city  in  convenient 
and  suitable  sums,  payable  to  the  holder  thereof,  on  a 
term  of  time  not  less  than  twenty  nor  more  than  thirty 
years,  with  coupons  for  interest  attached,  payable  semi- 
annually or  yearly.  The  whole  amount  of  said  scrip  shall 
not  exceed  the  sum  of  five  hundred  thousand  dollars,  and 
the  same  shall  be  delivered  by  the  city  treasurer  to  the 
directors  of  the  railroad  company,  subject  to  the  several 
provisions  of  this  act.  The  proceeds  of  the  same  shall 
be  applied  by  the  directors  of  the  company,  exclusively 
to  the  construction  and  necessary  equipment  of  the  Atlan-  — ^o^  applied, 
tic  and  St.  Lawrence  Railroad. 

Sec.  4.  Upon  the  delivery  of  the  scrip  aforesaid,  the  to  be  secured 
directors   of  the   railroad   company   shall   execute    and   by  penal  bond. 
deliver  to  the  city  treasurer,  for  the  city,  the  bond  of  the 
company,  in  a  suitable  penal  sum,  conditioned  that  the 
company  will  duly  pay  the   interest  and  the  principal  of 
said  scrip,  and  will  hold  the  city  harmless  and  free  from 


380 


RAILROADS. 


3Iortgage 
bonds 
issued  and 
secured  by- 
deed  of  trust 
and  mortgage 
of  road. 


Amount  of 
bonds  equal 
to  the  amount 
of  scrip. 


Interest  war- 
rants can- 
celled on 
payment  of 
interest. 


Trustees 
authorized,  on 
nonpayment 
of  scrip,  to 
convey  title  to 
city  of  Port- 
land. 


all  expendition,  damage  or  loss,  on  account  of  the  issue 
and  delivery  of  the  same. 

Sec.  5.  As  a  further  security  for  the  issue  and  delivery 
of  said  scrip,  the  directors  of  the  company,  shall  also 
deliver  to  the  city  treasurer  the  mortgage  bonds  of  said 
company,  issued  and  bearing  date  on  the  first  day  of 
April,  eighteen  hundred  and  fifty-one,  and  secured  by  a 
deed  of  trust  and  mortgage  of  said  railroad,  and  the 
franchise  and  property  of  the  company  of  the  same  date, 
heretofore  executed  and  delivered  by  said  company  to 
trustees  for  the  benefit  of  the  holders  of  the  mortgage 
bonds  aforesaid.  The  amount  of  said  mortgage  bonds, 
so  delivered  to  the  city  treasurer,  shall  be  equal  to  the 
amount  of  the  scrip  issued  and  delivered  under  this  act, 
and  the  same  shall  be  held  by  the  city  treasui-er,  for  the 
time  being,  as  collateral  security  to  the  obligation  and 
bond  given  by  the  company  as  aforesaid,  to  hold  and  save 
the  city  harmless  on  account  of  the  issue  and  delivery  of 
said  scrip.  Upon  the  payment  by  the  company  of  the 
interest  which  shall  from  time  to  time  accrue  upon  the 
said  scrip,  the  city  treasurer  shall  cancel  and  surrender 
to  the  company  an  amount  of  the  interest  warrants 
attached  to  said  mortgage  bonds  equal  to,  and  corres- 
ponding as  nearly  as  may  be,  in  date,  to  the  amount  of 
interest  so  paid  on  said  scrip. 

Sec.  6.  At  the  maturity  of  the  mortgage  bonds  herein 
provided  to  be  delivered  as  collateral  security,  and  after 
the  payment  of  all  the  other  mortgage  bonds  issued  under 
said  deed  of  trust  and  mortgage  if  any  portion  of  the  scrip 
hereby  authorized  to  be  issued,  shall  be  unredeemed  and 
outstanding,  the  trustees,  for  the  time  being,  under  said 
deed  of  trust  and  mortgage,  shall  be  authorized  to  release, 
assign,  and  convey  to  the  city  of  Portland,  all  the  title  and 
interest  which  they  may  then  have  in  the  estate,  property 
and  franchise  of  the  company  by  virtue  of  said  deed,  and 
of  any  other  conveyances  made  in  pursuance  of  the  cov- 
enants therein  contained,  which  conveyance  shall  be  a 
discharge  of  said  trustees  from  all  the  trusts  created  and 
declared  in  said  deed,  and  the  city  shall  by  such  convey- 
ance, take  and  hold  the  said  estate,  property  and  fran- 


RAILROADS.  381 

chise,  as  in  mortgage,  for  the  security  and  indemnity  of  CitytohoUithe 

the  eitv,  on  account  of  the  issue  and  delivery  of  its  scrip    Property  con- 

'^  .  veyed  as 

as  herein  authorized  until  the  final  redemption  and  reim-    security. 

bursement  of  said  scrip,  and  the  interest  accruing  thereon. 
Sec.  7.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  approval  by  the  governor,  so  far  as  to  author-  Act  When  to 
ize  the  directors  of  the  company,  and  the  inhabitants  of 
the  city  to  act  upon  the  question  of  accepting  the  same. 
The  several  ward  meetings  of  the   inhabitants  for  that 
purpose  shall  be  holden  within  three  months  after  such 
approval,  and  if  the  act  shall  be  accepted  as  aforesaid, 
then  after  such  acceptance  and  record  thereof,  all  the  parts 
of  the  act  shall  take  effect  and  be  in  force. 
Approved  February  13,  1852. 
4. 

THE    CITY    OF    PORTLAND    TO    GRANT    FURTHER    AID    IN    THE 

CONSTRUCTION    OF    THE    ATLANTIC    AND 

ST.    LAWRENCE   RAILROAD. 

Sec.  1.  The  city  of  Portland  is  hereby  authorized  to  Private  laws 
make  a  further  loan  of  its  credit  to  the  Atlantic  and  St.    of  i853,  c.  4. 
Lawrence  Railroad  Company,  in  aid  of  the  construction  Loan  author 
and  furnishing  of  their  railroad,  subject  to  the  following    ^^^' 
terms  and  conditions. 

Sec.  2.  This  act  shall  not  take  effect  unless  it  shall  be  Acceptance  of 
accepted  by  the  directors  of  said  Railroad  Company  and    ajt.^c«nditions 
by  the  vote  of  the  inhabitants  of  said  city,  voting  in  ward 
meetings  duly  called  according  to  law,  and  at  least  two- 
thirds  of  the  whole  number  of  votes  cast  at  such  ward 
meetings  shall  be  necessary  for  acceptance  of  the  act.  jjet^^ng  ^f 
The  returns  of  each  ward  meeting  shall  be  made  to  the    ward  meet- 
aldermen  of  the  city,  and  they  shall  count  and  declare    ^^^-^^^ 

•^  -^  made. 

the  votes  returned,  and  the  city  clerk  shall  make  record 
thereof. 

Sec.  3.  Upon  the  acceptance  of  the  act  as  aforesaid,  Acceptance  of 

the  city  treasurer  is  authorized  to  make  and  issue,  on    ^^'  ^^^^  ^^"^ 

J  made,  &c. 

demand  made  by  the  said  directors,  for  the  purposes  con- 
templated in  this  act,  the  scrip  of  said  city  in  convenient 
and  suitable  sums,  payable  to  the  holder  thereof,  on  a  term 
of  time  not  less  than  twenty  nor  more  than  thirty  years, 
with  coupons  for  interest  attached. 


382 


KAILKOADS. 


Scrip  of  loan,         Sec.  4.  The  whole  amount  of  the  scrip  to  be  issued 
amount  ^^^^   delivered   under   tliis   act,    shall   not   exceed   thrpe 

authorized.  j^^j^^^.g^j  J^^^^  gf^y  thousand  dollars,  and  the  same  shall  be 
delivered  by  the  city  treasurer  to  the  directors  of  the  rail- 
road   company    as   they   may    require   the    same.       The 

proceeds  of  such  scrip  shall  be  applied  by  the  directors  of 
cicnpj  proceeds  ,1 

of,  how  ap-       the  company  exclusively  to  the  construction  and  necessary 

plied.  furniture  and  equipment  of  the  Atlantic  and  St.  Lawrence 

Railroad. 

Sec.  5.  Upon  the  issue  and  delivery  of  the  scrip  afore- 
said, the  directors  of  the  railroad  company  shall  cause  a 

Road,  mort-       mortffase  to  be  executed  and  delivered  to  the  city,  in  the 
gaged  to  ^  =•  .  ,         -I  ^  '     4.  i. 

secure  pay-      name  of  the  company,  conveymg  to  the  city,  subject  to 

mentof  scrip,  ^ny  mortgages  existing  before  the  passage  of  this  act,  all 
Mortgage,  how  the  estate,  property  and  franchise  of  the  company,  con- 
executed  and    ditioned   that   the    company   will   duly  pay  the  interest 
recorded.         accruing  from  time  to  time  on  the  scrip  issued  under  this 
act,  and  will  pay  the  principal  of  the  same  at  the  maturity 
thereof.     Such  mortgage  shall  be  executed  according  to 
the  laws  of  the  several  states  through  which  the  railroad 
shall  pass.     The  record  thereof  in  the  registry  of  deeds 
in  Cumberland  county,  shall  be  a  sufficient  registry  of 
the  same  to  all  intents  and  purposes  within  this  State. 
Sec.  6.  Upon   failure   to   perform   any  of   the  condi- 
Mortgage,  fall-  ^^^^^  ^^  ^^^^  mortgage,  the  city  shall  be  authorized  to 
ure  to  perform  take    possession  of   the   estate,   property  and  franchise 
conditions  of,     ,1         i  t  i   j.i  t  ^  i, 

^^^  thereby  conveyed,  and  the  proceedings  under  such  pos- 

session, and  all  proceedings  for  the  foreclosure  of  said 
mortgage,  and  the  rights,  liabilities  and  remedies  of  the 
parties,  under  such  possession  and  entry  for  foreclosure 
shall  be  governed,  regulated,  limited  and  controlled  in  the 
manner  that  is  provided  in  the  twentieth,  twenty-first, 
twenty-second,  twenty-thii'd,  and  twenty-fourth  sections 
of  an  act  passed  on  the  twenty-seventh  day  of  July, 
eighteen  hundred  and  fifty,  entitled,  "An  Act  to  authorize 
the  city  of  Portland  to  grant  further  aid  in  the  construc- 
tion of  the  Atlantic  and  St.  Lawrence  railroad,"  in  res- 
pect to  the  mortgage  therein  mentioned. 

Sec.  7.  This  act  shall  take  effect  from  and  after  its 

Act  when  to       approval  by  the  governer,  so  far  as  to  empower  the  direc- 

take  effect.       tors  of  the  Company  and"  the  inhabitants  of  the  city  to 


RAILROADS.  383 

act  upon  the  question  of  accepting  the  same.  The  sev- 
eral ward  meetings  of  the  inhabitants  for  that  purpose, 
shall  be  called  and  holden  within  ninety  days  after  such 
approval.  And  if  the  act  shall  be  accepted  as  aforesaid, 
•then,  after  such  acceptance  and  record  thereof,  all  the 
parts  of  the  act  shall  take  effect  and  be  in  force. 
•  Approved  Febniary  5,  1853. 

5. 

AN   ACT   MAKING    FURTHER    PROVISIONS    RESPECTING    LOANS 

OF    CREDIT   HERETOFORE    MADE    BY  THE    CITY   OF 

PORTLAND    TO   THE    ATLANTIC    AND    ST. 

LAWRENCE   RAILROAD    COMPANY. 

Sec.  1.  The  city  of  Portland  is  hereby  authorized  to  prf^ateiaws 

make  such  arrangements  as  the  city  council  may  deter-  of  ises,  c.eoi. 
mine  to  be  necessary  and  expedient,  to  provide  for  the 

extension  of  such  parts  of  the  obligation  given  to  the  city  ^^^^  council 

•^  c»  cu  ./      may  arrange 

by  the  Atlantic  and  St.  Lawrence  Railroad  Company,    for  extension 

under  the   acts   of   Auorust  one,  eighteen  hundred  and    of  obligations 
-.    -r  ,  .1  1         11         ,     of  A.  &  St.  L. 

forty-eight  and  July  twenty-seven,  eighteen  hundred  and    r.  r.  to  city. 

fifty,  as  may  not  be  satisfied  by  the  sinking  funds  estab- 
lished under  those  acts  ;  and  shall  have  and  may  exercise.  Further 
until  all  the  balance  of  indebtedness  which  may  arise    ^^''^o^clf  ^nd 
under  said  obligations  is  fully  paid,  all  the  rights  and    continuance 
powers  granted  by  said  acts  for  the  security  of  the  city,    ^^  ^™®- 
and  for  the  enforcement  of  its  lien  upon  the  railroad  and 
property  of  said  company. 

Sec.  2.  The  commissioners  of  the  sinking  funds  estab- 
lished by  said  acts,  shall  be  commissioners  to  receive  such  Commissioners 

*'  '  of  sinking 

contributions  as  may  be  paid  by  the  railroad  company    fund. 

towards  a  further  sinking  fund  for  the  redemption  of  the 

unsatisfied  balance  of  indebtedness  as  aforesaid.     They 

shall  have  succession,  as  provided  in  said  acts,  and  shall 

be  invested  with  all  the  powers  and  subject  to  all  the  Powers,  duties 

duties  and  liabilities  in  respect  to  the  management  of    ^^^  succes- 

'■  °  sion. 

such  further  sinking  fund  and  the  securities  of  the  same, 

and  the  application  thereof,  as  is  now  provided  by  said 

acts.     They  may  invest  the  moneys  of  such  fund  in  any  ^j^^^^w^  °^ 

of  the  debt  of  the  city  of  Portland,  and  may  make  such    made,  &c. 

other  investments  of  the  same  as  is  authorized  by  said 

acts,   except    investments   in   railroad   stocks,  or   upon 


384 


RAILROADS. 


■Rate  of  inter- 
est on  mort- 
gages of  real 
estate. 


Contributions 
to  sinking 
fund,  when 
and  liow 
made. 


Duties  and 
liabilities  of 
city  treasurer. 


City  council 
may,  upon 
petition,  pro- 
vide for  sink- 
ing fund  in 
England. 


Commissioners 
for  same,  by 
whom  ap- 
pointed, &c. 


Payments  and 
contributions 
to  same,  when 
to  be  made*. 


pledge  of  the  stocks  of  banks  or  insurance  companies. 
They  shall  be  authorized  in  making  investments  upon 
mortgages  of  real  estate,  to  contract  for  a  rate  of  interest 
not  exceeding  eight  dollars  in  the  hundred  b}^  the  year. 

Sec.  3.  The  contributions  to  such  further  sinking  fund 
shall  be  in  each  of  the  years  eighteen  hundred  and  sixty- 
nine  and  eighteen  hundred  and  seventy,  one  thirty-^cond 
part  of  the  average  amount  of  such  unsatisfied  indebted- 
ness subsisting  in  those  years ;  but  afterwards,  the  sum 
of  twenty-five  thousand  dollars  annually,  until  the  final 
reimbursement  and  discharge  of  such  indebtedness.  All 
of  such  contributions  shall  be  made  by  the  railroad  com- 
pany in  equal  half-yearly  instalments,  on  the  first  days  of 
January  and  July,  in  every  year. 

Sec.  4.  The  city  treasurer  shall  perform  such  duties 
and  be  subject  to  such  liabilities  in  respect  to  the  moneys 
and  securities  of  such  further  sinking  fund,  as  now  pre- 
scribed by  law  in  respect  to  the  sinking  funds  under  the 
acts  aforesaid. 

Sec.  5.  In  lieu  of  the  provisions  made  in  the  preced- 
ing sections  for  the  establishment  and  maintenance  of  a 
further  sinking  fund  for  the  redemption  of  the  balance  of 
indebtedness  aforesaid,  it  shall  be  lawful  for  the  city 
council,  upon  petition  by  the  railroad  company,  to 
provide  by  city  ordinance  for  the  establishment  of  a 
sinking  fund  for  the  same  purpose,  at  London,  in  Eng- 
land, to  be  held  and  managed  by  two  commissioners,  one  of 
whom  shall  be  appointed  by  the  mayor  and  aldermen  of  the 
city,  and  one  by  the  directors  of  the  railroad  company; 
and  in  case  of  vacancies,  the  same  shall  be  supplied  by 
new  appointments  made  by  them  respectively.  The  rail- 
road company  shall  pay  and  contribute  to  such  sinking 
fund,  in  each  of  the  years  eighteen  hundred  and  sixty- 
nine  and  eighteen  hundred  and  seventy,  ane-thirty-second 
part  in  sterling  money  of  the  average  amount  of  such  un- 
satisfied indebtedness,  subsisting  in  those  years ;  and 
afterwards,  the  sum  of  five  thousand  pounds  sterling 
annually,  until  final  redemption  and  discharge  of  all  such 
indebtedness.  All  of  such  payments  and  contributions  shall 
be  made  in  equal  half-yearly  instalments  on  the  first  days  of 
January  and  July  in  every  year.      The  commissioners  so 


RAILROADS.  385 

appointed  and  accepting  the  trust,  shall  be  subject  to  such  Commissioners 
regulations  in  the  investment  and  application  of  the  fund,    ^g^^i^^l^^g 
as  shall  be  established  by  the  city  council  by  the  oi-dinance    estabUshed  by 
aforesaid.     The  railroad  company  shall  be  in  all  respects    ^^^  council. 

^       ''  ,       ^  Pesponsibility 

and  at  all  events  responsible  for  the  safe  keeping   and    of  railroad 
proper  application  of  the  fund  so  established.     And  if    company 
such  ordinance  as  is  contemplated  by  this  section  shall  be    keeping  and 
passed  by  the  city  council,  upon  petition  of  the  railroad    ?^d^^°°  ""^ 
company  as  aforesaid,  then  the  second,  third  and  fourth  Proviso  as  to 

.  «    .  .  ,11  ,  «.  adoption  of 

sections  of  this  act  shall  cease  to  have  any  effect.  ordinance. 

Sec.'  6.  Whenever  the   amount   of  the   sinking  fund  Provisions  for 
hereby  authorized,  in  either  form,  shall  be  equal  to  the    ^^^f  fun^ 
unsatisfied  indebtedness  aforesaid,  the  commissioners  shall    when  equal  to 
make  over  and  deliver  the  same  to  city,  in  full  discharge    indebtedness. 
of  such  indebtedness. 

Sec.  7.  Nothing  in  this  act  contained,  nor  any  arrange-  nens  of  city 
ments  or  proceedings  made  and  entered  into  under  the    npon  railroad 
same,  shall,  in  any  manner,  affect  or  impair  the  priority    tytMsacr 
of  security  and  lien  which  the  city  now  has,  for  the  loans 
of  its  credit,  under  the  acts  aforesaid. 

Sec.  8.  No   power  shall  be  exercised  under  this  act, 
nor  any  privileges  enjoyed  under  it  until  it  shall   have  provisions  for 
been  accepted  by  the  city  council,  and  by  the  directors  of    acceptance  of 
this  railroad  company.      The  evidence  of  acceptance  by       ™  ' 
the  directors  shall  be  filed  with  the  city  clerk,  and  entered 
in  tlie  records  of  the  mayor  and  aldermen. 
Approved  March  3,  1868. 
6. 

ACT   AUTHORIZING   FURTHER   AID    IN    CONSTRUCTING   THE 
PORTLAND   AND    OGDENSBURG   RAILROAD. 

Sec  1.  The  city  of  Portland^  is  hereby  authorized  to  Actauthoriz- 
loan  its  credit  to  the  Portland  and  Ogdensburg  Railroad    ingfurtheraid 
Company,  in  aid  of   the  construction  of  their  railroad,    Ing^'^e^^and 
subject  to  the  following  terms  and  conditions.  o.  RaUroad. 

Sec.  2.    This   act   shall   not  take   effect   until    it    be  ^g^g  c  166 
accepted  by  the  directors  of  said  railroad  company,  and 
by  the  vote  of   the  inhabitants   of    said  city,  voting  in 

8  See  also  charters  and  amendatoiy  laws ;  private  laws,  1867,  c.  252 ;  1868, 
c.  691 ;  1871,  c.  611 ;  1872,  c.  167;  1873,  c.  336;  1875,  c.  1 ;  1875,  c.  146;  1878,  c.  14. 


386  RAILROADS. 

ward  meetings,  duly  called  according  to  law ;  and  at 
least  two-thirds  of  the  votes  cast  at  such  ward  meetings 
shall  be  necessary  for  the  acceptance  of  the  act.  The 
returns  of  such  ward  weetings  shall  be  made  to  the 
aldermen  of  the  city,  and  by  them  counted  and  declared, 
and  the  city  clerk  shall  make  a  record  thereof. 

Sec.  3.  Upon  the  acceptance  of  the  act  as  aforesaid, 
the  city  treasurer  shall  make  and  issue  from  time  to  time, 
for  the  purpose  contemplated  in  this  act,  the  scrip  of 
said  city  in  convenient  and  suitable  sums,  payable  to  the 
holder  thereof  on  a  term  of  time  not  less  than  thirty  nor 
more  than  forty  years,  with  coupons  for  interest  at  six 
per  cent,  attached,  payable  semi-annually  or  yearly.  The 
whole  amount  of  said  scrip  shall  not  exceed  twenty-five 
hundred  thousand  dollars,  and  the  same  shall  be  delivered 
by  the  city  treasurer  to  the  directors  of  said  railroad 
company,  subject  to  the  several  provisions  of  this  act ; 
the  proceeds  of  the  same  shall  be  applied  by  the  directors 
of  the  company  exclusively  to  the  construction  and  nec- 
essary equipment  of  the  Portland  and  Ogdensburg  Rail- 
road. 
f  Sec.  4.  Before  th^  delivery  of  any  portion  of  the  scrip 

aforesaid,  the  directors  of  the  railroad  company  shall 
execute  and  deliver  to  the  city  treasurer,  for  the  city,  the 
bond  of  the  company,  in  a  suitable  penal  sum,  condi- 
tioned that  the  company  will  duly  pay  the  interest  and 
the  principal  of  said  scrip,  and  will  hold  the  city  harmless 
and  free  from  all  expenditure,  damage  or  loss  on  account 
of  the  issue  and  delivery  of  the  same. 

Sec.  5.  As  a  further  security  for  the  issue  and  delivery 
of  said  scrip,  the  directors  of  the  company  shall  also 
deliver  to  the  city  treasurer  the  mortgage  bonds  of  said 
company,  issued  and  bearing  date  on  the  first  day  of 
November,  eighteen  hundred  and  seventy-one,  and 
secured  by  a  d«ed  of  trust  and  mortgage  of  said  rail- 
road, and  the  franchise  and  propert}^  of  the  company,  of 
the  same  date  heretofore  executed  and  delivered  by  said 
company  to  trustees,  for  the  benefit  of  the  holders  of  the 
mortgage  bonds  aforesaid.  The  amount  of  said  mortgage 
bonds  so  delivered  to  the  city  treasurer  shall  be  equal  to 


RAILROADS.  387 

the  amount  of  scrip  issued  and  delivered  under  this  act, 
and  the  same  shall  be  held  by  the  city  treasurer  for  the 
time  being  as  collateral  security  to  the  obligation  and 
bond  given  by  the  company  as  aforesaid,  to  hold  and  save 
the  city  harmless  on  account  of  the  issue  and  delivery  of 
said  scrip.  Upon  the  payment  by  the  company  of  the 
interest  which  shall  from  time  to  time  accrue  upon  said 
scrip,  the  city  treasurer  shall  cancel  and  surrender  to  the 
company  an  amount  of  the  interest  warrants  attached  to 
said  mortgage  bonds,  equal  to,  and  corresponding  as 
nearly  as  may  be  in  date,  to  the  amount  of  interest  so 
paid  on  said  scrip. 

Sec.  6.  At  the  maturity  of  the  mortgage  bonds  herein 
provided  to  be  delivered  as  collateral  security,  and  after 
the  payment  of  all  the  other  mortgage  bonds  issued 
under  said  deed  of  trust  and  mortgage,  if  any  portion  of 
the  scrip  hereby  authorized  to  be  issued  shall  be  unre- 
deemed and  outstanding,  the  trustees,  for  the  time  being, 
under  said  deed  of  trust  and  mortgage,  shall  be  author- 
ized to  release  and  assign  to  the  oity  of  Portland  all  the 
title  and  interest  which  they  may  then  have  in  the  estate, 
property,  and  franchise  of  the  company  by  virtue  of  said 
deed,  and  of  any  other  conveyance  made  in  pursuance  of 
the  covenants  therein  contained,  which  conveyance  shall 
be  a  discharge  of  said  trustees  from  all  tnists  created 
and  declared  in  said  deed,  and  the  city  shall  by  such  con- 
veyance, take  and  hold  the  said  estate,  property,  and 
franchise  as  in  mortgage,  for  the  security  and  indemnity 
of  the  city,  on  account  of  the  issiie  and  delivery  of  its 
scrip  as  herein  authorized,  until  the  final  redemption  and 
reimbursement  of  said  scrip,  and  the  interest  accruing 
thereon. 

Sec.  7.  The  directors  shall  also  transfer  to  the  city 
upon  the  delivery  of  any  portion  of  the  scrip  herein 
authorized,  an  equal  amount  in  the  shares  of  the  com- 
pany, until  the  whole  number  of  shares  authorized  under 
the  charter  of  said  company  shall  be  issued,  to  be  held  as 
collateral  security  for  the  bond  of  the  company  required 
to  be  given  in  such  case,  and  the  shares  so  held  as  collat- 
eral shall  be  credited  on  the  stock  books  of  the  company 


388  RAILROADS. 

as  fully  paid  up,  and  no  assessment  shall  ever  l3e  required 
thereon,  nor  shall  any  dividends  be  paid  on  the  same, 
nor  any  right  of  voting  or  acting  at  the  meetings  of  the 
company  be  claimed  or  exercised  by  reason  of  said  shares, 
^  so  long  as  the  same  shall  be  held  as  collateral  as  afore- 
said. 

Sec.  8.  For  the  purpose  of  providing  for  the  reim- 
bursement of  the  principal  of  the  scrip,  authorized  to  be 
issued  by  this  act,  there  shall  be  established  a  sinking 
fund,  and  two  commissioners  shall  be  appointed  to  man- 
age the  same,  who  shall  be  appointed  by  the  mayor  and 
aldermen  of  the  city,  and  in  case  of  vacancy  in  the  place  of 
either,  the  same  shall  be  supplied  by  the  mayor  and  alder- 
men. Both  of  said  commissioners  shall  be  appointed  and 
qualified  before  the  delivery,  to  the  directors,  of  any  of 
the  scrip.  The  commissioners  shall  severally  be  sworn  to 
the  faithful  discharge  of  the  duties  enjoined  upon  them  by 
this  act,  in  presence  of  the  city  clerk,  who  shall  make  a 
certificate  and  record  thereof  as  in  the  case  of  the  qualifi- 
cation of  city  officers  ;  each  commissioner  shall  give  a 
bond  to  the  city  with  satisfactory  sureties,  in  the  penal 
sum  of  twenty  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duty  as  commissioner.  They 
shall  receive  such  compensation  as  may  be  established  by 
the  directors,  which  shall  be  paid  to  them  by  the  com- 
•  pany,  and  shall  not  be  diminished  during  their  continu- 
ance in  office. 

Sec.  9.  The  said  company,  at  the  expiration  of  five 
years  from  the  first  delivery  of  any  of  the  scrip  authorized 
as  aforesaid  to  be  delivered,  shall  pay  to  the  city  treasurer 
one  per  cent,  of  the  whole  amount  of  said  scrip,  which 
payment  shall  be  by  the  city  treasurer  placed  to  the  credit 
of  the  commissioners  of  the  sinking  fund,  and  shall  con- 
stttute  a  part  of  the  said  fund ;  and  thereafter  the  said 
company  shall  also  annually  in  the  month  of  September, 
pay  to  the  city  treasurer  from  the  income  of  the  road,  one 
per  cent,  of  the  whole  amount  of  said  scrip  then  out- 
standing, which  annual  payments  shall  be  successively 
placed  to  the  credit  of  the  commissioners  of  the  sinking 
fund,  and  shall  constitute  a  part  of  said  fund. 


RAILROADS.  389 

Sec.  10.  The  commissioaers  shall  have  the  care  and 
managemeut  of  the  moneys  and  securities  at  any  time 
belonging  to  said  fund  ;  but  the  moneys  invested  and  the 
securities  shall  be  in  custody  of  the  city  treasurer,  who 
shall  be,  by  virtue  of  his  office,  treasurer  of  the  sinking 
fund,  and  shall  be  responsible  on  official  bond  to  the  city 
for  the  safe  keeping  of  the  moneys  and  securities  of  the 
fund  ;  he  shall  pay  out  and  deliver  any  of  said  moneys 
and  securities  only  upon  the  warrant  of  the  commissioners. 

Sec.  11.  The  commissioners  shall  from  time  to  time, 
at  their  discretion,  invest  the  moneys  on  hand  securely, 
so  that  they  shall  be  productive,  and  the  same  may  be 
loaned  on  mortgage  of  real  estate,  or  to  any  county,  or 
upon  pledge  of  the  securities  of  any  county  in  this  State, 
or  invested  in  the  stock  of  this  State,  or  of  the  United 
States,  or  in  the  bonds  of  any  railroad  company  in  New 
England  whose  road  is  completed,  and  whose  capital  has 
been  wholly  paid  in.  Any  portion  of  the  fund  may  be 
invested  in  the  city  scrip  authorized  by  this  act,  and 
such  scrip  shall  not  thereby  be  extinguished,  but  shall  be 
held  by  the  commissioners,  like  their  other  investments, 
for  the  purposes  of  the  fund.  An  amount  not  exceeding 
ten  per  cent,  of  the  fund  may  be  loaned  on  pledge  of  the 
stock  of  any  bank  or  of  any  stock  insurance  company  in 
the  State,  and  the  commissioners  may,  from  time  to  time, 
sell  and  transfer  any  of  said  securities. 

Sec.  12.  The  sinking  fund  and  all  the  sums  which  shall 
be  added  thereto  by  accumulation,  upon  the  investment 
thereof,  shall  be  reserved  and  kept  inviolate,  for  the 
redemption  and  reimbursement  of  the  principal  of  said 
scrip  at  the  maturity  thereof,  and  shall  be  applied  thereto 
by  the  commissioners. 

Sec.  13.  Any  of  the  shares  in  the  stock  of  the  rail- 
road company,  held  by  the  city  as  collateral,  may  be  sold 
and  transferred  by  direction  of  the  commissioners  of  the 
sinking  fund,  with  the  consent  of  the  directors  of  the 
railroad  company,  whenever  an  exchange  thereof  can  be 
advautiigeously  made  for  any  of  the  city  scrip,  authorized 
by  this  act,  or  whenever  the  said  scrip  can  be  advanta- 
geously purchased  with  the  proceeds  of  any  such  sale  of 


390  RAILROADS. 

such  collateral  shares.  And  the  scrip  so  purchased,  or 
taken  in  exchange,  shall  be  thereupon  cancelled  and 
extinguished,  and  the  amount  thereof  shall  be  indorsed 
on  the  respective  bonds  of  the  railroad  company  given  on 
the  issue  of  and  delivery  of  such  scrip.  But  no  part  of 
the  sinking  fund,  or  of  its  accumulations,  shall  be  applied 
at  any  time  or  in  any  manner  to  the  redemption  and 
extinguishment  of  the  scrip  before  maturity  thereof. 

Sec.  14.  The  commissioners  shall  keep  a  true  record  of 
all  their  proceedings,  and  an  account  of  all  sums  paid  into 
the  fund,  and  of  the  investments  made  of  the  same,  and 
shall  annually,  in  the  month  of  Jul}^,  report  to  the  mayor 
and  aldermen  and  to  the  directors  of  the  railroad  com- 
pany, their  proceedings  for  the  first  year,  the  amount  and 
condition  of  the  fund,  and  the  income  of  the  several 
parts  thereof.  And  their  records  and  the  accounts  of  the 
fund,  and  the  securities  belonging  thereto,  shall  at  all 
times  be  open  to  inspection  by  such  committee  as  may  be 
appointed  for  that  purpose  by  the  mayor  and  aldermen, 
or  by  the  directors  of  the  company. 

Sec.  15.  To  secure  the  faithful  discharge  of  the  several 
trusts  confided  to  the  said  commissioners  under  this  act, 
the  supreme  judicial  court  is  hereby  empowered,  upon 
the  complaint  of  the  mayor  and  aldermen,  or  of  the 
directors  of  the  railroad  company  against  the  said  com- 
missioners, or  either  of  them,  concerning  anj^  of  said 
trusts  and  duties,  by  summary  process  according  to  the 
course  of  proceedings  in  equity,  to  hear  and  adjudge 
upon  the  matter  of  such  complaint,  and  to  issue  thereon 
any  suitable  writ  or  process,  and  make  any  proper  decree 
to  compel  the  appropriate  discharge  and  performance  of 
such  trusts  a-nd  duties,  and  to  remove  the  said  commis- 
sioners, or  either  of  them  ;  and  in  case  of  such  removal 
the  vacancy  shall  be  immediately  supplied,  as  provided 
in  the  tenth  section  of  this  act. 

Sec.  16.  If  the  said  sinking  fund  with  its  accumulation 
shall  at  any  time  exceed  the  amount  of  the  scrip  unre- 
deemed and  outstanding,  all  such  excess  shall  be  annually 
paid  over  to  the  railroad  company,  and  if  any  surplus  of 
the  fund  shall  remain  after  the  redemption  and  reimburse- 


RAILROADS.  391 

ment  of  all  the  scrip,  such  surplus  shall  be  paid  over  to 
the  company. 

Sec.  17.  The  treasurer  of  the  city  of  Portlaud  shall,  on 
request  of  the  directors  of  the  said  railroad  company,  after 
the  acceptance  of  this  act  by  the  inhabitants  of  this  city 
and  the  execution  and  delivery  of  the  bond  of  said  com- 
pany before  mentioned,  issue  and  deliver  to  the  treasurer 
of  said  railroad  company,  toward  said  loan,  bonds  of  said 
city  of  Portland  to  the  amount  of  fifty  thousand  dollars, 
and  thereafter  to  issue  and  deliver  to  said  treasurer  of 
said  company  bonds  of  said  city  of  Portland  in  sums  of 
fifty  thousand  dollars  as  often  as  it  shall  appear  by  the 
report  of  the  engineer  of  said  railroad  company,  and  to 
the  satisfaction  of  the  mayor  and  aldermen  of  said  city, 
that  work  has  been  done  or  materials  furnished  to  the 
amount  before  granted  on  the  extension  of  said  railroad 
from  North  Conway  to  a  connection  with  the  western 
division  at  the  Connecticut  river,  until  the  entire  amount 
of  the  loan  shall  be  furnished. 

vSec.  18.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  approval  by  the  governor  so  far  as  to  author- 
ize the  dii-ectors  of  the  company  and  the  inhabitants  of 
the  city  to  act  upon  the  question  of  accepting  the  same. 
The  several  ward  meetings  of  the  inhabitants  for  that 
purpose  shall  be  called  and  holden  within  thirty  days 
after  request  by  the  president  and  directors  of  'said 
company  to  the  mayor  and  aldermen  therefor,  and  within 
one  year  after  the  approval  of  this  act,  and  if  the  act 
shall  be  accepted  as  aforesaid,  then  after  such  acceptance 
and  record  thereof,  all  the  parts  of  the  act  shall  take  effect 
and  be  in  force,  and  the  citizens  of  Portland  may  vote 
twice  upon  the  question  of  accepting  this  act  and  no 
more. 

7. 

CHARTER    OF     PORTLAND     AND     FOREST     AVENTTE     RAILROAD 
COMPANY. 

Section  1.  Eliphalet  Clark,  John  B.  Coyle,  John  W. 
Adams,  Newell  A.  Foster  and  Warren  Sparrow,  their  Corporators, 
associates    and    successors,    are    hereby    constituted    a  corporate 
corporation  by  the   name   of   the  Portland  and  Forest    ^™®- 

24 


392 


RAILROADS. 


Construction. 


Location,  how 
determined. 


Act  1860,  c.  457, 
as  amended  by 
act  1861,  c.  91. 


Authorized  to 
construct 
when  land 
damages  have 
been  settled, 
&c. 


Proviso. 


Vote  or  votes 
of  city  or 
town,  assent 
of  corpora- 
tion shall  be 
filed  with 
clerks,  &c. 


Powers,  &c. 


Avenue  Railroad  Company,  with  authority  to  construct 
maintain  and  use  a  raih'oad  to  be  operated  by  horse 
power,  with  convenient  single  or  double  tracks,  from 
such  point  or  points  in  the  city  of  Portland,  upon  and 
over  such  streets  therein,  as  shall  from  time  to  time  be 
fixed  and  determined  by  the  municipal  officers  of  said  city 
of  Portland,  and  assented  to  in  writing  by  said  corpora- 
tion, to  the  boundary  line  between  said  city  and  the  town 
of  Westbrook,  and  thence  upon  and  over  such  streets, 
town  and  county  roads  in  said  town  of  Westbrook  as  from 
time  to  time,  may  be  fixed  and  determined  by  the  munici- 
pal officers  of  said  town,  and  assented  to  in  writing  by 
said  corporation,  to  some  point  at  or  near  the  entrance  to 
Evergreen  Cemetery,  and  to  such  other  point  or  points  in 
said  town  of  Westbrook,  as  may  in  like  manner  from 
time  to  time  be  fixed  and  determined  by  the  municipal 
officers  of  said  town,  and  assented  to  in  writing  by  said 
corporation  ;  said  corporation  shall  also  have  authority  to 
construct,  maintain  and  use  said  railroad  over  and  upon 
any  lands  where  the  land  damages  have  been  mutually 
settled  by  said  corporation  and  the  owners  thereof ;  but 
said  corporation  shall  make  no  erections  within  any  of  the 
tide  waters  of  Back  Cove  without  the  written  approval  of 
the  harbor  commissioners ;  provided^  however^  that  all 
tracks  of  said  railroad  shall  be  laid  at  such  distances  from 
the  sidewalks  of  said  city  of  Portland  and  town  of  West- 
brook, as  the  municipal  officers  thereof,  respectively,  shall 
in  their  order  fixing  the  routes  of  said  railroad  determine 
to  be  for  public  safety  and  convenience.  The  written 
assent  of  said  corporation  to  any  vote  or  votes  of  the 
municipal  officers  of  either  said  city  or  town,  prescribing 
from  time  to  time  the  routes  of  said  railroad,  shall  be  filed 
with  the  respective  clerks  of  said  city  or  town,  and  shall 
be  taken  and  deemed  to  be  the  locations  thereof.  Said  cor- 
poration shall  have  power  from  time  to  time,  to  fix  such 
rates  of  compensation  for  transporting  persons  or  prop- 
erty, as  it  may  think  expedient,  and  generally  shall  have 
all  the  powers  and  be  subject  to  all  the  liabilities  of  cor- 
porations, as  set  forth  in  the  forty-sixth  chapter  of  the 
revised  statutes.     Rails  shall  not'  be  laid  down  in  said  city 


RAILROADS.  393 

or   town   without   the   assent   of   the   municipal   oflScers 
thereof,  respectively.     The  original  location  of  the  route 
when  granted  shall  be  for  the  term  of  twenty-five  years.  Original  loca- 
The  same  may  be  renewed  from  time  to  time  for  a  term    tion,  termof. 
"not  exceeding  fifty  years  at  any  one  time,  by  said  muni-  ~Xed!^'^ 
cipal  officers,  upon  such  terms  as  they  may  deem  expedient.  _^hen  to  be 
No  such  renewal  shall  be  granted  prior  to  two  years  before    renewed, 
the  expiration  of  the  location  then  established.     No  loca- 
tion shall  be  granted  or  renewed,  except  upon  reasonable  NoUce. 
prior  notice  to  all  parties  interested.     If  at  the  expiration 
of  any  of  said  terms,  the  use  of   the  streets,  roads  or 
hischways,  occupied  by  said  company's  railroad,  is  wanted  Mat  expiration ' 

"^  *  i       ./  o  ^£  temis  use 

by  the  municipal  officers  of  either  said  city  or  town,  or  of  streets,  &c., 

both,  to  any  other  corporation  or  person,  it  shall  be  upon  is  granted  any 

condition  that  such  corporation  or  person  shall  purchase  ^.  ^^^o^<^^- 
of  said  company  all  its  property  of  every  description  in 

necessary  use  for  the  purposes  of  said  railroad  upon  such  —f^^^^  corpora 

terms  aa  may  be  agreed  upon  by  the  parties,  or  determined  purchase,  &c.. 
by  persons  selected  by  them  ;  and  if  they  are  unable  to 

*'  ./  '  ./  —terms,  how 

agree,  the  value  of  the  same  shall  be  determined  by  three    aetemiined. 

disinterested  persons,  appointed  by  a  judge  of  the  supreme 

judicial  court,  on  application  of  either  party,  and  hearing 

thereon.     Said  appraisers  shall  be  sworn,  give  notice  of  Appraisers, 

the   time  and  place  of  their   meeting   to   examine   and    duties  of. 

appraise  said  property,  and  shall  make  to  each  party  a 

written  award ;  and  their  services  shall  be  paid  in  equal  —services  of, 

propbrtions  by  the  parties.     If  the  municipal  officers  of 

either  said  city  or  town,  or  both,  determine,  that  at  the 

expiration  of  any  of  said  terms,  the  use  of  the  streets, 

roads  or  highways  occupied  by  said  company's  railroad, 

shall  be  granted  to  any  person  or  corporation,  for  the 

purposes  of  a  horse  railroad,  on  the  payment  of  any  sum 

of  money,  yearly  or  in  any  other  manner,  said  company 

shall  have  the  preference,  and  such  use  shall  be  granted 

or  renewed  to  said  company,  provided  it  will  pay  as  much 

therefor  as  any  other  corporation  or  person.     Any  similar 

corporation  hereinafter  incorporated  which  shall  construct  ^^^^^^^t^*'"  ^^ 

'■  '■  similar  cor- 

its  road  from  Cape  Elizabeth,  or  Westbrook,  where  the    poration. 
Portland  and  Forest  Avenue  Railroad  Company  have  no 
track,  may  enter  upon  and  connect  with  and  use  the  track 
of  the  Portland  and  Forest  Avenue  Railroad  Company 


394 


RAILEOADS. 


Compensation, 
how  deter- 
mined. 


As  amended  by 
Act  1861. 


Railroad,  how 
tQ  be  used. 

City  and  town 
may  make 
regulations, 
&c. 

Act  1860. 


Corporation 
shall  keep  in 
repair, 
streets,  &c. 

Ibid. 


—liability. 


Obstructions  in 
use  of  roads, 
&c. 

Ibid. 


Penalty. 


for  such  rates  of  compensation  as  may  be  agreed  upon, 
or  in  case  of  disagreement  of  the  directors  of  the  two 
companies,  three  disinterested  persons  shall  be  ap- 
pointed by  a  judge  of  the  supreme  court,  on  application 
of  either  party,  and  a  hearing  thereon  shall  be  had  before 
said  commission.  Said  commissioners  shall  be  sworn, 
give  notice  of  the  time  and  place  of  their  meeting  to 
determine  the  matter  in  dispute,  and  shall  make  to  each 
party  a  written  final  decision  of  the  points  submitted,  and 
their  services  shall  be  paid  in  equal  proportions  by  the 
parties. 

Sec.  2.  Said  railroad  shall  be  operated  and  used  by 
said  corporation  with  horse  power  only.  The  municipal 
officers  of  said  city  of  Portland  and  of  said  town  of  West- 
brook,  respectively,  shall  have  power  at  all  times  to  make 
all  such  regulations,  as  to  the  rate  of  speed  and  removal 
of  snow  and  ice  from  the  streets,  roads  and  highways  by 
said  company  at  its  expense,  and  mode  of  use  of  the  track 
of  said  railroad  within  said  city  or  town,  as  the  public 
convenience  and  safety  require. 

Sec.  3.  Said  corporation  shall  keep  and  maintain  in 
repair,  such  portion  of  the  streets,  town  or  county  roads 
as  shall  be  occupied  by  the  tracks  of  its  railroad,  and 
shall  make  all  other  repairs  of  said  streets  or  roads,  which 
in  the  opinion  of  the  municipal  officers  of  said  city  or 
town  respectively,  may  be  rendered  necessary  by  the  occu- 
pation of  the  same  by  said  railroad,  and  if  not  repaired 
upon  reasonable  notice,  such  repairs  may  be  made  by 
said  city  or  town  respectively,  at  the  expense  of  said  cor- 
poration. And  said  corporation  shall  be  liable  for  any 
loss  or  damage  which  any  person  may  sustain  by  reason 
of  any  carelessness,  neglect  or  misconduct  of  its  agents 
or  seiTants. 

Sec.  4.  If  any  person  shall  willfully  and  maliciously 
obstruct  said  corporation  in  the  use  of  its  road  or  tracks, 
or  the  passing  of  the  cars  or  carriages*  of  said  corporation 
thereon,  such  person  and  all  who  shall  aid  and  abet 
therein,  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  dollars,  or  may  be  imprisoned  in  the  county  jail 
for  a  period  not  exceeding  sixty  days. 


EAILROADS.  395 

Sec.  5.  The  capital  stock  of  said  corporation  stiall  not  Capital  stock. 
exceed   one   huncU-ed   thousand   dollars,    to    be   divided  ^^'^^^y'^^™*^; 
into  shares  of  one  hundred  dollars  and  no  share  shall  be  shares. 
issued  for  less  than  the  par  value. 

Sec.  G.  Said  corporation  shall  have  power  to  purchase  May  hold  real 
and  hold  such  real  estate  as  may  be  necessary  and  con-    and  personal 
venient  for  the  purposes  and  management  of  said  rail-         _^ 
road. 

Sec.  7.  Said  railroad  shall  be  constructed  and  main-  Kaiiroadtobe 
tained  in  such  foim  and  manner,  and  with  such  rail,  and    constructed, 

•    •       1      rt^  J.        •  1     •  i?     ^c.,  under 

upon  such  grade  as  the  municipal  officers  of  said  city  of    direction  of 
Portland,  and  of  said  town  of  Westbrook,  respectively,    city  and  to^vn. 
shall  from  time  to  time  prescribe  and  direct ;  and  when-  ^^'^• 
ever  in   the   judgment  of   said   corporation   it  shall   be 
necessary  to  alter  the  grade  of  any  street,  town  or  county 
road,  occupied  by  its  railroad,  said  alterations   may  be 
made  at  the  sole  expense  of  said  corporation  ;  provided^  —alterations  in 
the  same  shall  be  assented  to  by  the  municipal  officers  of   ^™  ^* 
said  city  and  town  respectively.      If  the  tracks  of  said  proviso, 
company's  railroad  cross  any  other  railroad  of  any  kind, 
in  either  said  city  or  town,  and  a  dispute  arises  in  any 
way  in  regard  to  the  manner  of  crossing,  said  municipal 
officers  of  the  town  or  city  in  which  said  proposed  cross-  Crossings, 
ing  is  to  be  made,  shall,  upon  hearing,  decide  and  deter- 
mine  in  writino;  in  what  manner  the  crossing  shall  be  """^^J*""  °  • 
^  -  ^  how  deter- 

made,  which  shall  be  constructed  accordingly.  mined. 

Sec.  8.  Nothing  in  this  act  shall  be  construed  to  pre- 
vent the  proper  authorities  of  said  city  or  town  respec-  streets  or 
lively  from   entering   upon   and   taking  up  any  of  the   roads,  in  reia- 
streets,  town  or  county  roads  occupied  by  said  railroad,  ^ 
for  any  purpose  for  which  they  may  now  lawfully  take  up 
the  same. 

Sec.  9.  This  act  shall  be  void  unless  the  same  shaU  be  Act,  accept- 
accepted  by  said  corporation,  and  ten  per  cent,  of  the   anceof,  &c. 
capital  stock  thereof,  be  paid  within  five  years  from  its  ^^'^* 
passage. 

Sec.  10.    Said   corporation   is   hereby    authorized    to  gonds  issue 
issue  bonds  for  the  purpose  of  constructing  its  railroad,    of,  &c. 
or   for   money   which   it   may   borrow  for   any   purpose  I'^id- 
sanctioned  by  law ;   but  the  bonds  so  issued  shall  not 


396 


EAILROADS. 


—approval  of, 
&c. 
Ibid. 


—how  secured. 
Ibid. 


Sinking  fund. 
Ibid. 


—trustees  to 
laave  manage- 
ment of,  &c. 


Certain  acts 
made  appli- 
cable to 
l)ond8,  &c. 

Ibid. 


exceed  the  amount  of  capital  stock  paid  in  by  the 
stockholders.  Said  bonds  may  be  issued  in  sums  not 
less  than  one  hundred  dollars  each,  payable  in  not  more 
than  twenty  years  from  their  date,  with  interest  at  the 
rate  of  six  per  cent.,  payable  semi-annually. 

Sec.  11.  Such  bonds  shall  be  approved  by  a  majority 
of  the  finance  committee  of  said  corporation,  who  shall 
certify  that  each  of  said  bonds  is  properly  issued  and 
recorded  upon  the  books  of  the  corporation.  All  bonds 
and  notes  which  shall  be  issued  by  said  corporation  shall 
be  binding  and  collectible  in  law,  notwithstanding  such 
bonds  or  notes  may  be  negotiated  and  sold  by  said  cor- 
poration or  its  agents  at  less  than  their  par  value. 

Sec.  12.  Said  bonds  shall  be  secured  by  a  conveyance 
of  the  corporate  company  to  three  trustees,  by  a  suitable 
instrument  of  mortgage  to  secure  the  payments  of  said 
bonds. 

Sec.  13.  Said  corporation  shall  pay  semi-annually  to 
said  trustees,  a  sum  equal  to  one  per  cent,  on  the  amount 
of  said  bonds  for  the  purpose  of  creating  a  sinking  fund. 
Said  trustees  shall  have  the  care  and  management  of  all 
the  moneys,  funds  and  securities  belonging  to  said  sink- 
ing fund  and  they  shall  from  time  to  time,  at  their  dis- 
cretion, invest  the  moneys  on  hand  securely,  and  so  that 
the  same  shall  be  productive ;  and  the  same  may  be 
invested  in  the  bonds  of  said  corporation,  secured  as 
aforesaid,  or  loaned  on  interest  to  any  county,  city  or 
town,  or  any  bank  in  this  State,  or  the  same  may  be 
loaned  on  interest,  well  secured  by  a  first  mortgage  of 
real  estate  to  an  amount  not  exceeding  one  half  the  value 
thereof,  or  by  pledge  of  the  scrip  or  stock  of  any  of  the 
New  England  States,  or  of  any  city,  county  or.  town  as 
aforesaid,  and  the  said  fund  with  the  accruing  interest 
shall  constitute  a  sinking  fund  for  the  payment  and 
redemption  of  said  bonds. 

Sec.  14.  The  provisions  of  the  fifty-third  section  of  the 
fifty-first  chapter  of  the  Revised  Statutes,  and  of  the  nine 
sections  of  said  chapter  next  following,  are  hereby  made 
applicable  to  said  bonds  and  to  said  mortgage  made  to 
secure  the  same,  but  said  corporation  shall  not  be  subject 


RAILROADS.  397 

to  the  other  general  provisions  of  law  relating  to  rail- 
ix)ads. 

Sec.  15.  This  act  shall  take  effect  when  approved  by 
the  governor. 

8- 

ACT   ADDiriONAL   TO    CHARTER    OF     PORTLAND     AND     FOREST 
AVENUE    RAILROAD    COMPANY. 

Sec.  1.    The   Portland   and   Forest   Avenue  Railroad  Railroad  may 
Company  is  hereby  authorized  to  extend  its  railroad  over    ^^  extended, 
either  or  both  of  the  bridges  which  connect  the  city  of       ' 
Portland  with  Cape  Elizabeth,  and  to  construct  and  main-  Rights^  priv. 
tain  the  same  in  said  town,  with  all  the  rights  and  privi-    neges,  &c. 
leges,  and  subject  to  all  the  conditions  specified  in  the  act  to  ^^^^• 
which  this  is  additional,  upon  condition  that  said  corpo- 
ration shall  locate  and  build  so  much  of  said  road  as  lies 
within  the  limits  of  the  town  of  Cape  Elizabeth,  within 
two  years  after  the  passage  of  this  act. 

Sec  2.  Section  one  of  said  act  is  hereby  amended  so  ^^^-  *^ 

^     ,        ,.  ,  ,  ,  amended  by 

as  to  require  the  assent  of  the  directors  only,  where  that    Act,  1866. 
of  the  corporation  is  required.  •  Capital  stock 

Sec.  3.  The  capital  stock  of  said  corporation  is  here-    ^^SK^  ^^ 
by  increased  to  the  sum  of  three  hundred  thousand  dollars.  ^J by  acM^o! 

Sec.  4.  Said  corporation  is  hereby  authorized  to  oper-  Dmnmy  en- 
ate  its  road  in  either  or  both  of  said  towns  of  Westbrook    gmes,  use  of, 
and   Cape  Elizabeth,  or  in   said  city  of   Portland,  with    ^uthorized, 
dummy  engines,  with  the  consent  of  the  municipal  officers 
thereof. 

Sec.  5.  The  title  of  said  corporation  is  hereby  amended  Corpprate 
by  striking  out  the  words  "and  Forest  Avenue."  changed. 

GENERAL  RAILROAD    ENACTMENTS. 

9.   The  city  council  of  Portland  is  authorized  to  sell  city  may  sen 
any  or  all  the  interests  of  the  city,  ©f   Portland  in  the    interest  in  or 
stocks,  bonds,  obligations  or  mortgages  of  any  railroad    &  o^jRaUroad, 
corporation,  now  held  by  the  city,  on  such  terms  as  said    or  p.  &r. 
council  may  determine,  and  is  authorized  to  unite  upon 

,     ^  .  ,  .,  .  ,  1877,  C.  382. 

such  terms  as  said  council  may  approve  in  any  plan  or 
plans  for  reorganizing  the  Portland  and  Ogdeusburg  rail- 
road company,  or  the  Portland  and  Rochester  railroad 
company,  or  for  making  available  the  interests  of  the 


398  EAILROADS. 

city  in  the  stock,  bonds,  obligations  or  mortgages  of 
either  of  said  corporations,  provided,  nothing  herein 
contained  shall  authorize  incurring  any  executory  obli- 
gation or  liability,  direct  or  indirect,  contingent  or 
absolute,  in  behalf  of  said  city. 

10.  Any  stockholder,  or  representative  of  an}^  stock- 
Any  stock-        holder,  in  any  railroad  company,  shall  have  power  to  call 

holder  in  a       f^j.  ^^  gtock  vote  of  such  Company  at  any  meeting  of  the 
railroad  com-  ,  ,     ,  -,  «  ,  . .        i .     . 

pany  meeting  Stockholders  of  such  company,  on  any  question  that  may 
may  call  for  a  be  legally  before  such  meeting,  anything  in  the  charter  or 

stock  "vot© 

1872,  c.  28.         by-laws  of  such  company  to  the  contrary  notwithstanding. 

11.  Any  city  or  town,  by  a  two-thirds  vote,  at  any 
irconsfrmjt-  ^^^^  meeting  called  for  the  purpose,  may  raise  by  tax  or 
ing  railroads,   loan,  from  time  to  time  or  all  at  once,  a  sum  of  money 

R.  s.,i87i,c.5i,  not  exceeding  in  all  five  per  cent,  on  its  regular  valuation 
l^'  for  the  time  being,  and  appropriate  it  to  aid  in  the  con- 

struction  of  railroads,  in  such  manner  as  they  deem 
proper,  and  for  such  purpose  may  make  contracts  with 
any  person  or  railroad  corporation.  At  such  meetings 
the  l^al  voters  shall  vote  by  ballot,  those  in  favor  of  the 
proposition  voting  Yes,  and  those  opposed,  voting  No. 
The  ballots  cast  shall  be  sorted,  counted  and  declared  in 
open  town  meeting,  and  recorded,  and  the  clerk  shall 
make  return  thereof  to  the  municipal  officers,  who  shall 
examine  such  return,  and  if  two-thirds  of  the  ballots  cast 
are  in  f^voi*  of  the  proposition,  said  officers  shalh  forth- 
with proceed  to  carry  the  same  into  effect. 
'  12.   When  the  municipal  officers  of   a  town  deem  it 

necessary,  for  public  safety,  that  gates  should  be  erected 
erect  gates  at  across  a  way  where  it  is  crossed  by  a  railroad,  and  that  a 
railway  cross-  person  should  be  appointed  to  open  and  close  them,  they 
la^r  lao  ™^y?  ill  writing,  request  it  to  be  done  ;  and  in  case  of 
1881,0.48.  neglect  or  refusal,  they  may  apply  to  the  county  commis- 

sioners to  decide  upon  its  reasonableness,  who,  after 
notice  and  hearing,  are  to  decide.  When  they  decide 
that  such  a  request  is  reasonable,  or  that  a  flagman  is 
necessary  for  the  public  safety,  at  said  crossing,  they  may 
order  one  to  be  stationed  there  upon  said  application, 
instead  of  gates,  and  the  corporation  is  to  comply  with  it 
and  pay  the  costs ;  when  they  decide  otherwise,  the  costs 


RAILROADS.  399 

are  to  be  paid  by  the  applicants.  This  act  shall  apply  to 
any  application  for  gates  now  pending  before  any  board 
of  county  commissioners. 

13.  The  buildings  of  every  railroad  corporation  or  as- 
sociation, whether  within  or  without  the  located  right  of    railroads, 
way,  and  its  lands  and  fixtures  outside  of  its  located  right    buildings,  &c. 
of  way,  shall  be  subject  to  taxation  by  the  several  cities        '^'    '^  ' 
and  towns  in  which  such  buildings,  land  and  fixtures  may 

be  situated,  as  other  property  is  taxed  therein. 

14.  Every  corporation,  person  or  association,  operat- 
ing any  railroad  in  this  State,  shall  pay  to  the  State  treas-    state  Treas- 
urer, for  the  use  of  the  State,  an  annual  excise  tax,  for    urer. 

the  privilege  of  exercising  its  franchises  in  this  State,  ii>id.  §2. 
which,  with  the  tax  provided  for  in  section  one,  shall  be 
in  lieu  of  all  taxes  upon  such  railroad,  its  property  and 
stock.  There  shall  be  apportioned  and  paid  by  the  State 
from  the  taxes  received  under  the  provisions  of  this  act, 
to  the  several  cities  and  towns,  in  which  on  the  first  day 
of  April  in  each  year,  is  held  railroad  stock  hereby  ex- 
empted from  other  taxation,  such  amount.equal  to  one  per 
centum  on  the  value  of  such  stock  on  that  day,  as  deter- 
mined by  the  governor  and  council ;  provided  however 
that  the  total  amount  thus  apportioned  on  account  of  any 
railroad  shall  not  exceed  the  sum  received  by  the  State  as 
tax  on  account  of  such  railroad. 

15.  The  amount  of  the  tax  shall  be  ascertained  as  fol- 
lows :  the  amount  of  the  gross  transportation  receipts  as    a^g^rtained 
returned  to  the  railroad  commissioners  for  the  year  end-  ibid.  §  3. 
ing  on  the  thirtieth  day  of  September  next  preceding  the 
levying  of  such  tax,  shall  be  divided  by  the  number  of 

miles  of  railroad  operated  to  ascertain  the  average  gross 
receipts  per  mile ;  when  such  average  receipts  per  mile 
shall  not  exceed  twenty-two  hundred  and  fifty  dollars,  the 
tax  shall  be  equal  to  one-quarter  of  one  per  centum  of 
the  gross  transportation  receipts ;  when  the  average 
receipts  per  mile  exceed  twenty-two  hundred  and 
fifty  dollars  and  do  not  exceed  three  thousand  dollars, 
the  tax  shall  be  equal  to  one-half  of  one  per  centum  of 
the  gross  receipts ;  and  so  on  increasing  the  rate  of  the 
tax  one-quarter  of  one  per  centum  for  each  additional 
seven  hundred  and  fifty  dollars  of  average  gross  receipts 


400 


RAILROADS. 


Governor  and 
council  to  de- 
termine 
amount  of 
such  tax. 

Ibid.  §  4. 

When  payable, 
&c. 
Ibid.  §  5. 


Applications 
and  proceed- 
ings for 
abatement. 

Ibid.  §  6. 


per  mile  or  fractional  part  thereof,  provided,  the  rat« 
shall  in  no  event  exceed  three  and  one-quarter,  per 
centum.  When  a  railroad  lies  partly  within  and  partly 
without  this  State,  or  is  operated  as'  a  part  of  a  line  or 
system  extending  beyond  this  State,  the  tax  shall  b 
equal  to  the  same  proportion  of  the  gross  receipts  in  this 
State,  as  herein  provided,  and  its  amount  determined  as 
follows  :  the  gross  transportation  receipts  of  such  railroad, 
line  or  system,  as  the  case  may  be,  over  its  whole  extent, 
within  and  without  the  State,  shall  be  divided  by  the  total 
nftmber  of  miles  operated  to  obtain  the  average  gross  re- 
ceipts per  mile,  and  the  gross  receipts  in  this  State  shall 
be  taken  to  be  the  average  gross  receipts  per  mile,  multi- 
plied by  the  number  of  miles  operated  within  this  State. 

IG.  The  governor  and  council,  on  or  before  the  first 
day  of  April  in  each  year,  shall  determine  the  amount  of 
such  tax,  and  report  the  same  to  the  State  treasurer,  who 
shall  forthwith  give  notice  thereof  to  the  corporation,  per- 
son or  association,  upon  which  the  tax  is  levied. 

17.  Said  tax  shall  be  due  and  payable,  one-half  thereof 
on  the  first  day  of  July  next  after  the  levy  is  made,  and 
the  other  half  on  the  first  day  of  October  following.  If 
any  party  fails  to  pay  the  tax,  as  herein  required,  the 
State  treasurer  may  proceed  to  collect  the  same,  with 
interest,  at  the  rate  of  ten  per  cent,  per  annum,  by  an 
action  of  debt  in  the  name  of  the  State.  Said  tax  shall 
be  a  lien  on  the  railroad  operated,  and  take  precedence 
of  all  other  liens  and  incumbrances. 

18.  Any  corporation,  person  or  association  aggrieved 
by  the  action  of  the  governor  and  council  in  determining 
the  tax  through  error  or  mistake  in  calculating  the  same, 
may  apply  for  an  abatement  of  any  such  excessive  tax 
within  the  year  for  which  such  tax  is  assessed,  and  if, 
upon  re-hearing  and  re-examination,  the  tax  appears  to 
be  excessive  through  such  error  or  mistake,  the  governor 
and  council  may  thereupon  abate  such  excess,  and  the 
amount  so  abated  shall  be  deducted  from  any  tax  due  and 
unpaid,  upon  the  railroad  upon  which  the  excessive  tax 
was  assessed ;  or,  if  there  is  no  such  unpaid  tax,  the 
governor  shall  draw  his  warrant  for  the  abatement,  to  be 


RAILROADS.  401 

paid  from  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

19.  If  the  returns  now  required  by  law,  in  relation  to 

railroads,  shall  be  found  insufficient  to  furnish  the  basis  Dutyof  raii- 

upon  which  the  tax  is  to  be  levied,  it  shall  be  the  duty    roadcommis- 

.  sioners  In 

of  the  railroad  commissioners  to  require  such  additional    ^^^^q  cases. 

facts  in  the  returns  as  may  be  found  necessary  ;  and,  iwd.  §  7. 
until  such  returns  shall  ])e  required,  or  in  default  of  such 
returns  when  required,  the  governor  and  council  shall  act 
upon  the  best  information  they  may  be  able  to  obtain. 
The  railroad  commissioners  shall  have  access  to  the  books 
of  railroad  companies,  to  ascertain  if  the  required  returns 
are  correctly  made  ;  and  any  railroad  corporation ,  asso- 
ciation, or  person  operating  any  railroad  in  this  state, 
which  shall  refuse  or  neglect  to  make  the  returns  required 
by  law,  or  to  exhibit  to  the  railroad  commissioners  their 
books  for  the  purposes  aforesaid,  or  shall  make  returns 
which  the  president,  clerk,  treasurer,  or  other  person 
certifying  to  such  return  know  to  be  false,  shall  forfeit 
a  sum  not  less  than  one  thousand  dollars,  nor  more  than 
ten  thousand  dollars,  to  be  recovered  by  indictment,  or 
by  an  action  of  debt  in  any  county  into  which  the  rail- 
road operated  may  extend. 

20.  All  acts  and  parts  of  acts  inconsistent  with  this  inconsistent 
act,  are  hereby  repealed,  except  as  to  all  taxes  heretofore    acts  repealed, 
assessed,  and  this  act  takes  effect  when  proved.  iwd.  §  8. 

21.  Any  railway  corporation^  is  hereby  authorized  to  Railway  Co. 
locate,  under  the  direction  of  the  railroad  commissioners,    ™ay  construct 
consti-uct   and   maintain   branch  railroad  tracks  to  any    muiorman- 
mills  or  manufacturing  establishments  now  or  hereafter    ufacturing 
erected   in   any  town  or   township,  but  not  within  the    mgnt. 
limits  of  any  city  without  the  consent  of  the  city  coun-  1872,  c.  219. 

cil  of  said  city  through  which  the  main  line  of  said 
railroad  is  or  may  be  constructed,  and  for  that  purpose 
shall  have  all  the  powers  and  rights  granted,  and  be  sub- 
ject to  all  the  duties  imposed  upon  said  corporation  by  its 
charter."^ 

6  As  to  law  regulating  crossings,  see  R.  S.,  1871,  c.  51,  §  13,  et  seq. ;  P.  &  O.  C. 
R.  R.  Co.  r.  Gt.  R.  R.  Co.,  46  Maine,  69;  Veazie  v.  Mayo,  49  Maine,  156. 

'  As  to  right  to  lay  side  tracks  and  use  of  streets ;  and  as  to  railroads  for 
private  purposes,  see  Green  v.  Portland,  33  Maine,  431 ;  Dillon  on  Mun.  Corp. 
§  565,  et  seq. ;  Bangor,  O.  &  M.  R.  R.  Co.  v.  Smith,  47  Maine,  34 ;  State  r.  Noyes, 
47  Maine,  189;  State  v.  Kelsey,  58  Maine,  56. 


402 


RAILROADS. 


Crossing  of  a 
railroad  or 
canal  by  a 
railroad. 

1872,  c.  40. 

1877,  c,  191. 


Eepalr  of 
bridges  and 
abutments. 


Paupers 
brought  into 
State  by  rail- 
road to  be 
removed. 

1875,0.41. 


22.  A  railroad  may  be  carried  over  or  under  a  canal  or 
railroad  in  such  manner  as  not  unnecessarily  to  impede  the 
travel  or  transportation  of  them.  The  corporation  mak- 
ing such  crossing  is  liable  for  damages  occasioned  by  it  in 
an  action  on  the  case.  Bridges  and  their  abutments,  con- 
structed for  a  crossing  of  any  way,  are  to  be  kept  in 
repair  by  the  corporation,  or  persons  or  parties  running 
trains  on  any  railroad  crossing  a  highway  or  town  way. 
The  municipal  officers  of  ^any  city  or  town  may  give  notice 
in  writing  to  such  persons,  parties  or  corporations  that  a 
bridge  required  at  such  crossing  has  not  been  erected,  or 
is  out  of  repair,  and  not  safe  and  convenient,  within  the 
requirements  of  section  forty,  chapter  eighteen  of  the 
revised  statutes,  or  that  the  crossing  of  any  such  highway 
or  town  way  passing  such  railroad  at  grade,  within  their 
respective  cities  or  towns,  is  not  made  or  maintained  safe 
and  convenient,  as  required  by  section  forty  aforesaid ; 
and  it  shall  be  the  duty  of  such  persons,  parties  or  cor- 
porations, to  erect  or  repair  such  bridge,  or  make  such 
crossing  safe  and  convenient,  as  aforesaid,  within  ten 
days  from  the  service  of  said  notice  ;  and  if  they  neglect 
so  to  do,  any  one  of  said  municipal  officers  may  apply  to 
any  justice  of  the  supreme  judicial  court,  in  term  time  or 
vacation,  to  compel  such  persons,  parties  or  corporations 
to  erect  or  repair  such  bridge  or  make  such  crossing,  as 
aforesaid ;  and  after  hearing,  such  justice  or  court  may 
make  any  order  thereon  the  public  convenience  and  safety 
may  require,  and  compel  the  respondents  to  comply  there- 
with by  injunctions  ;  or  the  said  mundcipal  officers  of  any 
city  or  town  may,  at  the  expiration  of  ten  days  from  the 
date  of  the  notice  aforesaid',  cause  necessary  repairs  to  be 
made,  and  the  expense  of  making  such  repairs  shall  be 
paid  by  the  persons,  parties  or  corporations  whose  duty 
it  is  to  keep  such  crossing  safe  and  convenient. 

23.  Any  common  carrier  that  brings  into  this  State  any  ' 
person  not  having  a  settlement  in  the  State,  shall  cause 
the  removal  beyond  the  lines  of  the  State,  of  any  such 
person,  if  he  falls  into  distress  within  a  year,  which 
removal  said  common  carriers  are  hereby  authorized  to 
make :  provided,  such  person  shall  be  delivered  on  board 


RAILROADS.  403 

a  boat  or  at  a  depot  of  such  common  carrier,  by  the  over- 
seers or  municipal  oflScers  requesting  such  removal ;  and 
in  default  thereof,  such  common  carrier  shall  be  liable  in 
an  action  of  assumpsit  for  the  expense  of  the  support  Of 
such  person  after  such  default. 

24.  Whenever  any  city  or  town  in  this  State  shall  in  when  city  or 
its  corporate  capacity,  hold  one-fifth,  or  more,  of   the    town  is 
shares  in  the  capital  stock  of  any  railroad  incorporated    director  in  a 
by  the  legislature  of  this  State,  any  citizen  of  such  city    railroad, 
or  town,  being  a  freeholder  and  resident  therein,  shall  be  ^^^*'^-    • 
eligible  as  a  director  of  such  railroad  company. 

25.  The  city  council  of   Portland  is  authorized  to  sell  Portland 

11      i".  i.1  •  i.-r-»ii.i        authorized  to 

any  or  all  the  interests  of  the  city  of    Portland  in  the    sell  its  interest 
stocks,  bonds,  obligations  or  mortgages  of  an}"  railroad    in  certain  rail- 
corporations,  now  held  by  the  city,  on  such  terms  as  said  jgy-  c.382. 
council  may  determine,  and  is  authorized  to  unite  upon 
such  terms  as  said  council  may  approve,  in  any  plan  or 
plans  for  reorganizing  the  Portland  and  Ogdensburg  Rail- 
road Company,  or  .the  Portland  and  Rochester  Railroad 
Company,  or  for  making  available  the  interests  of  the  city 
in  the  stocks,  bonds,  obligations  or  mortgages  of  either  of 
said   corporations,    provided,   nothing   herein   contained 
shall  authorize  incurring  any  executory  obligation  or  lia- 
bility, direct  or  indirect,  contingent  or  absolute,  in  behalf 
of  said  city. 


404  EAILROADS. 


Orders  and  Ordinances. 

PORTLAND  AND  FOREST  AVENUE  RAILROAD. ^ 

1.    Ordered,  That  the  tracks  of  the  Portland  and 

Location  of  i     n  i       i  i   • 

tracks.  Forest  Avenue  Raih'oad  Company  shall  be  located  in 

Order  May  26,  the  City  of  Portland  as  follows  ;  but  upon  the  express 
Rev.ord.  1868.  couditiou  to  the  location,  that  said  railroad  company 
shall,  at  all  times  after  the  rails  are  laid  down,  keep 
in  good  order  and  complete  repair,  at  their  own 
expense,  that  portion  of  all  streets  through  which  the 
said  rails  are  or  may  be  laid,  lying  between  the  rails, 
and  also  that  portion  of  the  street  lying  outside  of  the 
.  rails  and  adjacent  thereto,  extending  one  foot  and  a 

half  from  and  outside  of  each  rail,  throughout  the 
whole  length  of  said  railroad  in  the  streets  of  the  city 
of  Portland ;  and  also  that  the  work  of  laying  down 
the  tracks  and  rails  of  said  road  shall  be  done  under 
the  direction  and  to  the  satisfaction  of  the  municipal 
officers,  and  also  the  form  and  kind  of  rail,  to  be  used 
shall  be  satisfactory  to  said  municipal  officers  and 
approved  by  them. 
Routes  of  road  ^'  ^^^^  location  beginning  at  or  near  the  depot  of 
the  Atlantic  &  St.  Lawrence  railroad,  and  thence 
extending  with  one  track  over  the  following  streets  : 
viz:  up  India  street  to  its  junction  with  Middle, 
thence  from  the  junction  of  India  and  Middle  streets, 
up  Middle  to  the  head  of  Preble  street,  thence  from 
the  head  of  Preble  street  over  Preble  street  to  Port- 
land street,  thence  from  the  junction  of  Preble  and 
Portland  streets  over  Portland  street  to  its  junction 
with  Parris  street,  thence  from  the  junction  of  Port- 
land and  Parris  streets  over  said  Parris  street,  to  its 
junction  with  Kennebec  street,  thence  from  the  junc- 
tion of  Parris  and  Kennebec  streets  over  said  Kenne- 

8  For  orders  in  relation  to  tlie  West-End  Street  Railway,  see  city  records, 
Booli  20,  p.  356,  and  for  charter  of  same,  see  private  laws  of  1881.    For  char- 
.  ter  of  "Portland  and  Deering"  Railroad,  see  private  laws,  1873,  c.  394,  and 
1878,  c.  31. 


JIAILROADS.  405 

bee  street  to  Green  street,  thence  from  the  junction 
of  Kennebec  and  Green  streets  over  Deering's  bridge, 
to  the  line  of  Westbrook.  And  diverging  from  this 
route  in  Congress  street  near  the  head  of  Preble 
street,  and  extending  therefrom  by  two  tracks  over 
said  Congress  street  to  the  head  of  High  street, 
thence  from  the  junction  of  Congress  and  High  streets 
Tvith  one  track  over  High  street  to  Spring  street, 
thence  from  the  junction  of  High  and  Spring  streets 
over  Spring  street  to  Clark  street,  thence  from  the 
junction  of  Spring  and  Clark  streets  over  Clark  street 
to  Pine  street,  thence  from  the  junction  of  Clark  and 
Pine  streets,  over  said  Pine  street  to  Congress  street, 
thence  from  the  junction  of  Pine  and  Congress  streets 
over  Congress  street  to  the  head  of  High  street,  so 
as  to  connect  with  the  tracks  hereinbefore  specified, 
and  extending  to  the  head  of  Preble  street,  and 
thence  by  one  track  from  the  junction  of  Congress 
and  Preble  streets  over  said  Congress  street  to  Atlan- 
tic street;  also  diverging  from  Congress  street  in 
front  of  the  new  city  building  at  the  head  of  Ex- 
chanfje  street,  and  extendinor  over  said  Exchansre 
street  to  Middle  street,  with  such  turnouts  as  may 

"    '^'^°  outs. 

be  necessary  for  the  safe  and  convenient  operation  of 
said  road,  and  for  reaching  their  car  houses,  as  may 
be  approved  by  the  municipal  officers. 

3.  The  tracks  of  said  railroad  shall  be  laid  in  or  Tracks  to  be 
near  the  centre  of  the  streets  above  named  and  to   laid  in  or  near 
such  grades  as  shall  be  determined  by  the  municipal   streets, 
officers ;  and  the  curves  around  the  corners  of  all 

streets  shall  be  located  by  the  city  engineer  under  Grades  and 
the   direction   of  the   municipal    officers,    Avith   the   ^^^®^- 
co-operation  of  the  directors  of  said  railroad  com- 
pany. 

4.  And  this  location  is  granted  upon  the  express  constrhcuonof 
condition  that  in  the   construction  of    said  tracks,    tracks. 


406  EAILROADS. 

blocks  of  stone  of  the  alternate  length  of  eighteen  and 
twenty  inches,  measuring  from  the  rail  outward,  and 
otherwise  of  such  quality,  form  and  size  as  the  muni- 
cipal officers  may  direct,  shall  be  laid  down  outside  of 
each  rail ;  and  upon  the  further  condition,  that  said 
railroad  company,  shall,  at  their  own  expense,  pave 
between  their  double  tracks,  wherever  double  tracks 
are  laid,  and  also  between  their  rails  throughout  the 
whole  leno^th  of  said  railroad  in  the  streets  of  the 
city ;  said  pavement  to  be,  until  otherwise  ordered, 
fair  quality  round  beach  paving  stone,  and  to  be  laid 
to  the  satisfaction  of  the  municipal  officers  ;  and  upon 
the  further  condition  that  whenever  there  shall  be 
snow  or  ice  in  said  streets  to  the  depth  of  six  inches 
or  less,  said  railroad  company  may  remove  the  same 
from  their  tracks,  by  shovels  or  by  using  such  kind 
of  snow  plough  as  the  street  commissioner  shall 
approve  of  provided  they  level  it  olF  and  grade  out- 
snowandice.  ^{^q  of  their  rails,  so  as  to  allow  sleighs  and  other 
vehicles  to  pass  along  said  streets  and  over  their  rails 
with  safety  and  convenience.  But  whenever  there  is 
solid  snow  or  ice  exceeding  the  depth  of  six  inches 
in  said  streets,  then  said  railroad  company  shall  not 
be  allowed  to  remove  the  same  from  their  rails  with- 
out first  obtaining  the  consent  of  the  street  commis- 
sioner, approved  by  the  municipal  officers,  and  then 
only  upon  condition  that  they  haul  it  off  and  grade 
the  streets  wherever  said  snow  or  ice  is  so  removed, 
to  the  satisfaction  of  the  street  commissioner.  But 
if  their  consent  for  removing  said  snow  or  ice  is  re- 
fused, then  said  railroad  company  is  authorized  to 
use  a  sufficient  number  of  sleighs,  or  mount  their 
cars  on  runners,  to  convey  passengers  over  their  road 
until  the  cars  can  be  used  on  their  tracks. 


RAILROADS.  407 

And  upon  the  further  condition  that  said  railroad 
company  shall  faithfully  observe  and  obey  the  follow- 
ing rules  and  regulations  in  using  their  road,  viz  : 

I^irsf.  That  no  car  shall  be  drawn   at  a  greater  Rules  and 
speed  on  their  road  than  six  miles  an  hour.  regulations. 

Second.  That  while  the  cars  are  turaing  the  cor- 
ners from  one  street  to  another,  the  horses  shall  not 
be  driven  faster  than  a  walk. 

Third.  The  cars  driven  in  the  same  direction  shall 
not  approach  each  other  within  a  distance  of  three 
hundred  feet,  except  in  case  of  accident  or  at  stations. 

Fourth.  That  cars  running  in  different  directions 
shall  not  be  allowed  to  stop  a!)reast  each  other  except 
at  stations. 

Fifth.  That  no  car  shall  be  allowed  to  stop  on  a 
cross  walk  nor  in  front  of.  an  intersecting  street, 
except  to  avoid  collisions  or  prevent  danger  to  persons 
in  the  street. 

Sixth.  That  in  case  the  conductor  of  any  car  is 
required  to  stop  at  the  intersection  of  two  streets  to 
receive  or  land  passengers,  the  car  shall  be  so  stopped 
as  to  leave  the  rear  platform  slightly  over  the  last 
crossing. 

Seventh.  That  the  conductor  and  driver  of  each 
car  shall  keep  a  vigilant  watch  for  all  teams,  carriages, 
persons  on  foot,  and  especially  for  children,  and  upon 
the  least  appearance  of  danger  to  such  teams,  car- 
riages, persons  or  children,  the  car  shall  be  stopped 
in  the  shortest  time  possible. 

Eighth.  That  the  conductors  do  not  allow  ladies  or 
children  to  enter  or  leave  the  cars  while  in  motion. 

JS'inth.  That  no  salt  or  other  article  shall  be  used 
in  removing  snow  or  ice  from  their  tracks,  which  may 
prove  injurious  to  sleighs  or  other  vehicles  crossing 
them,  without  the  consent  of  the  municipal  officers. 

2b 


408  EAILROADS. 

Tenth.  That  a  printed  copy  of  these  rules  and 
regulations  shall  be  put  up  and  kept  in  a  conspicuous 
place  inside  of  every  car  used  on  their  road. 

And  also  upon  the  further  condition  that  said  rail- 
road company  shall  accept  the  location  hereinbefore 
specified,  and  agree  to  the  several  provisions,  condi- 
tions and  regulations  connected  with  the  same,  within 
one  month  from  March  1,  1863,  and  said  company 
shall  file  in  the  oflSce  of  the  city  clerk,  a  duly  certified 
copy  of  the  vote  agTeeing  to  this  location,  with  its 
conditions  and  regulations,  within  said  one  month, 
and  make  and  complete,  and  put  in  running  order 
said  raih'oad  in  two  years  from  said  date,  otherwise 
such  portion  as  is  not  then  made  shall  be  null  and 
void. 

And  also  upon  the  further  condition  that  said  rail- 
road company  shall  comply  with  and  obey  any  and  all 
other  rules,  regulations,  orders,  ordinances,  or  require- 
ments which  have  been  adopted,  or  may  be  adopted 
at  any  time  hereafter  by  the  municipal  oflicers  of 
Portland  in  relation  to  said  railroad,  or  to  the  streets 
through  which  the  tracks  thereof  are  laid,  not  incon- 
sistent with  the  rights  herein  granted. 

And  upon  the  further  condition  that  any  similar 
corporation  hereafter  incorporated,  which  shall  con- 
struct its  railroad  in  any  of  the  streets  of  the  city  of 
Portland,  where  the  Portland  and  Forest  Avenue 
railroad  company  have  no  track,  may  enter  upon  and 
connect  with  and  use  the  track  of  said  Portland  and 
Forest  Avenue  railroad  company  for  such  rates  of 
compensation  as  may  be  mutually  agreed  upon,  and 
in  case  of  disagreement  of  the  directors  of  said  com- 
panies, three  disinterested  persons  shall  be  appointed 
by  a  judge  of  the  Supreme  Court,  upon  the  applica- 
of  either  party  and  due  notice  to  the  other,  who 
shall  upon  hearing,  fix  said  rates  of  compensation  and 
determine  all  matters  in  dispute  between  said  compa- 


RAILROADS.  409 

nies,  and  the  services  of  said  commissioners  shall  be 
paid  in  equal  proportions  by  said  companies. 

And  it  is  expressly  understood  that  the  municipal 
officers  reserve  all  the  rights  and  powers  granted 
them  by  the  second,  third,  and  seventh  sections  of 
the  act  incorporating  said  company ;  and  that  none  of 
said  rights  or  powers  so  granted  shall  be  deemed  to 
be  in  any  way  waived,  limited  or  qualified  by  any- 
thing contained  in  this  order. 

5.  Ordered,  That  the  Portland  and  Forest  Avenue 
Railroad  Company  be,  and  they  are  hereby  authorized  Additional 
to  extend  the  location  of  their  railroad  from  their   location. 
present   terminus  on  Clark  street,    over  and   upon  order,  Dec. ;, 
Spring  street  to  Bowdoin  street,  upon  the  same  terms 

and  conditions,  and  with  the  same  restrictions  and 
limitations  as  are  now  granted  by  the  terms  of  the 
original  location  of  said  road. 

6.  Any  person  wilfully  placing  an  obstruction  of  obstructions, 
any  kind  upon  the  rails  of  the  Portland  and  Forest  ^^  g^p^  5 
Avenue  railroad,  in  the  streets  of  this  city,  shall  be   ^^• 
punished  by  fine  not  exceeding  twenty  dollars. 

Note.— The  conditions  of  acceptance  by  the  company,  were  complied 
with  by  the  properly  attested  papers  received  and  placed  on  file  at  city 
clerk's  office,  March  23,  and  April  24, 1863. 


410  RAILROADS. 


AGREEMENT   OF   CITY    OF   PORTLAND   WITH 
ATLANTIC    AND    ST.    LAWRENCE    RAILROAD    COMPANY 
OF    OCTOBER    31,   1868.  . 

Agreement  entered  into  on  the  thirty-first  day  of 
October,  1868,  between  the  city  of  Portland  and  the 
Atlantic  and  St.  Lawrence  Railroad  Company  under 
authority  of  an  act  of  the  Legislature  of  Maine, 
passed  March  3,  1868,  entitled  "An  Act  making 
further  provisions  respecting  the  loans  of  credit 
heretofore  made  by  the  City  of  Portland  to  the 
Atlantic  and  St.  Lawrence  Railroad  Company." 
Whereas  the  city,  heretofore,  under  the  several  acts 
of  August  1,  1848,  and  July  27,  1850,  issued  and 
delivered  its  bonds  to  said  Company,  which  were 
negotiated  for  the  use  of  the  Company,  in  aid  of  the 
construction  and  equipment  of  its  Railroad,  and  were 
issued  and  dated  as  follows,  namely  : 

Under  act  of  Aug.  1,  1848. 
On  the  first  day  of  December,  1848,  $200,000 

On  the  first  day  of  May,  1849,  100,000 

On  the  first  day  of  August,  1849,  100,000 

On  the  first  day  of  November,  1849,  75,000 

On  the  first  day  of  February,  1850,  200,000 

On^the  first  day  of  July,  1850,  200,000 

On  the  first  day  of  November,  1850,  75,000 

On  the  first  day  of  January,  1851,  50,000 


In  all,  -  -  -  -  $1,000,000 
And  under  the  act  of  1850,  on  the  first  day  of 
February,  1851,  in  all,  $500,000  ;  all  of  which  bonds 
were  payable  in  twenty  years  from  their  respective 
dates,  and  are  now  outstanding ;  And  the  railroad 
company,  at  the  several  dates  of  the  aforesaid  issues, 
gave  to  the  city,  as  required  by  law,  its  several  obli- 
gations, under  the  seal  of  the  company  and  signatures 
of  the  directors,  for  the  same  several  amounts,  con- 
ditioned in  substance,  that  the  company  would  pay 


RAILROADS.  411 

the  interest  a;id  principal  of  all  said  bonds,  as  the 
same  should  become  payable  and  mature  and  wcAild 
save  and  hold  the  city  harmless  on  account  of  the 
issue  of  the  same ;  And,  whereas,  the  railroad  com- 
pany, afterwards,  as  required  by  the  act  of  1850,  on 
the  third  day  of  February,  1851,  executed  and 
delivered  to  the  city  a  mortgage  of  all  its  railroad 
property  and  franchise,  for  security  of  performance 
of  all  the  several  obligations  so  given  by  the  company 
to  the  city  and  for  the  enforcement  of  the  lien  given 
by  law  to  the  city  upon  the  said  railroad  property 
and  franchise,  and  afterwards  on  the  third  day  of 
April,  1853,  in  pursuance  of  a  covenant  in  said  mort- 
gage executed  and  delivered  to  the  city  another 
mortgage  on  the  same  railroad  property  and  franchise 
as  then  existing  for  further  assurance  and  additional 
security  for  performance  of  the  same  conditions ; 
And  whereas,  it  was  further  provided  by  said  acts  of 
1848  and  1850  that  sinking  funds  should  be  estab- 
lished for  the  redemption  of  the  bonds  so  issued  by 
the  city,  which  sinking  funds  were  in  fact  so  estab- 
lished, and  had  accumulated,  on  the  31st  day  of  July 
last  and  to  the  sum  of  $455,290.73,  for  the  fund 
under  the  act  of  1848,  and  to  the  sum  of  $204,806.80, 
under  the  act  of  1850,  and  it  has  now  become  evident, 
that  the  said  funds  will  not,  nor  will  either  of  them, 
at  the  maturity  of  the  city  bonds  aforesaid,  be  of 
suflScient  amount  to  redeem  in  full  the  city  debts,  to 
which  the  same  are  applicable,  but  will  amount  sev- 
erally, to  very  nearly  one  half  of  the  respective 
debts ;  And  w^hereas,  the  railroad  company  has 
represented  to  the  city,  that  it  will  be  unable  to  ful- 
fil its  obligations  so  given* to  the  city  by  paying  the 
principal  of  the  city  bonds  aforesaid  at  maturity 
beyond  the  amount  that  the  respective  sinking  funds 
will  supply  therefor,  and  it  appears  that  the  city  will 
be  obliged  to  pay  the  balance  of  said  bonds,  over  and 


412  RAILROADS. 

above  the  amount  applied  from  the  sinking  funds 
towards  redemption  of  the  same,  and  will  thereupon 
become  entitled  to  demand  from  the  company  the 
immediate  reimbursement  of  such  balance  and  in  case 
of  failure  to  make  such  reimbursement,  will  be 
entitled  to  pursue  and  enforce  all  its  remedies,  under 
the  said  acts  of  1848  and  1850,  for  such  default,  and 
the  railroad  company  in  view  of  the  premises,  has 
requested  the  city  to  grant  to  it  and  its  assigns,  an 
extension  of  the  coiiipany's  several  obligations  afore- 
said, and  an  extension  of  the  mortgage  given  for 
security  of  the  same,  for  all  the  amount  of  the  prin- 
cipal of  the  bonds,  which  the  city  will  be  obliged  to 
pay;  and  the  parties  have  united  in  procuring  the 
enactment  of  the  aforesaid  act  of  March  3,  1868,  to 
provide  the  requisite  legal  authority  and  power  for 
such  arrangements  as  require  to  be  made  by  the  city, 
in  this  behalf;  And  whereas,  it  is  contemplated  by 
the  parties  to  this  agreement  that  the  commissioners 
of  the  sinking  fund  established  under  the  acts  of  1848 
and  1850,  at  the  several  times  of  the  maturity  of  the 
city  debts  aforesaid,  will  be  authorized  to  apply  and 
will  apply  out  of  such  respective  funds  portions  of 
the  same,  towards  the  redemption  of  the  city  debts 
so  maturing  corresponding  to  the  proportions  w^hich 
.  the  whole  respective  funds,  as  then  existing,  shall 
bear  to  the  whole  of  the  respective  city  debts  to  be 
redeemed,  it  being  now  estimated  that  the  said  pro- 
portion will  be  one-half  part,  very  nearly,  and  the 
parties  have  agreed  that  they  will  unite,  if  necessary, 
in*such  proceedings  as  may  be  suitable  and  requisite 
to  give  the  commissioners  full  authority  to  apply 
the  existing  sinking  funds  in  such  proportional  parts. 
Now,  in  consideration  of  the  premises,  in  pursuance 
of  the  representation  and  request  so  made  by  the 
railroad  company,  and  under  the  authorit}"  of  the 
acts  of  March  3,  1868,  subject  to  all  the  limitations, 


RAILROADS.  413 

conditions  and  restrictions  of  said  act,  the  city  here- 
by agrees  that  it  will  grant  an  extension  of  the 
balance  aforesaid  of  the  company's  obligations  herein- 
before mentioned,  and  an  extension  of  the  mortgage 
given  for  security  of  performance  thereof;  which 
extension  shall  be  for  the  term  of  eighteen  years  from 
the  first  day  of  January,  1870,  for  all  the  balance  of 
the  obligations  so  given  by  the  company  to  the  city 
under  the  act  of  1848,  and  for^the  term  of  eighteen 
years  from  the  first  day  of  February,  1871,  for  all 
the  balance  of  the  obligations  so  given  under  the  act 
of  1850.  And  this  agreement  for  extension  shall  be 
subject  to  all  the  aiTangements,  conditions  and  stipu- 
lations hereinafter  provided  and  expressed,  as  follows, 
that  is  to  say. 

1.  The  railroad  company  engages,  that  notwith- 
standing anything  contained  in  this  agreement,  it  will 
continue  to  provide  for  and  pay  the  interest  which 
shall  accrue  and  be  payable  in  all  the  now  outstand- 
ing bonds  of  the  city,  issued  under  the  acts  of  1848 
and  1850,  until  the  maturity  of  the  principal  of  the 
same,  and  that  it  will  continue  to  make  all  such  con- 
tributions, as  it  is  by  law  required  to  make,  to  the 
sinking  funds  established  under  those  acts ;  and  in 
case  of  default  in  either  of  these  engagements,  the 
city  is  to  be  at  liberty  to  terminate  the  extension 
hereby  gi-anted,  and  may  resoi-t  to"  all  the  legal 
remedies  for  such  default,  provided  and  existing 
under  the  acts  of  1848  and  1850. 

2.  The  railroad  company  further  engages,  that  it 
will,  semi-annually,  provide  for  and  pay  to  the  city, 
or  deposit  to  the  use  of  the  city,  at  such  place  as  the 
city  treasurer  shall  appoint,  the  accruing  interest 
upon  all  the  unsatisfied  balance  of  the  company  obli- 
gations given  to  the  city  as  aforesaid,  so  long  as  any 
such  balance  shall  remain  undischarged :  and  that  it 
will  make  and  pay  all  the  contributions  required  by 


414  RAILROADS. 

the  act  of  March  3,  1868,  to  be  made  to  the  new 
sinking  fund  established  by  that  act;  and  in  case  of 
default  in  either  of  these  engagements,  the  city  shall 
be  at  liberty  to  terminate  the  extension  hereby 
granted,  and  may  resort  to  its  legal  remedies  provided 
and  existing  under  the  acts  of  1848  and  1850  for 
enforcement  of  the  company's  obligations  aforesaid. 

3.  And  inasmuch  as  it  is  understood  by  the  parties, 
that  the  city  will  be  obliged  to  issue  its  new  bonds  to 
an  amount  equal  to  the  unsatisfied  balances  of  the 
company's  obligations  aforesaid,  for  the  purpose  of 
raising  money  to  discharge  a  corresponding  balance 
.of  its  prior  bonds  issued  under  the  acts  of  1848  and 
1850,  the  railroad  company  in  consideration  of  the 
extension  hereinbefore  agreed  to  be  given,  engages 
that  it  will  pay  to  the  city  all  the  costs  of  preparing 
and  issuing  such  new  bonds,  and  of  negotiating  the 
same,  and  will  make  up  to  the  city  any  loss  that  may 
be  sustained  l)y  discount  in  negotiating  the  same ; 
and  the  city  engages  that  it  will  ofler  to  the  railroad 
company  the  option  of  procuring  the  negotiation  of 
the  same  at  seasonable  times  and  at  the  most  favora- 
ble rates  to  be  obtained  in  the  market. 

4.  All  the  sums  whictt  shall  be  applied  by  the  com- 
missioners of  the  sinking  fund,  under  the  acts  of  1848 
and'1850,  towards  the  redemption  of  the  bonds  issued 
under  these  acts,  shall  be  a  discharge  of  so  much  of 
the  railroad  company's  obligations  aforesaid,  and  shall 
be  appropriately  indorsed  thereon. 

5.  And  the  parties  to  this  instrument  further  agree, 
that  their  intention  is  to  provide  for  the  ultimate 
performance  and  payment  of  all  the  balances  of  the 
company's  obligations  aforesaid  in  the  manner  which 
shall  be  least  burdensome  and  most  advantageous  to 
the  parties,  but  without  pecuniary  loss  or  detriment 
to  the  city,  in  any  event,  and  without  diminishing  or 
impairing  any  security  held  by  the  city ;  and  that  in 


KAILROADS.  415 

case  of  any  want  of  authority  in  the  commissioners  of 
the  sinking  fmids  under  the  acts  of  1848  aud  1850, 
to  apply  these  funds  in  the  names  now  contemplated 
and  expressed  in  this  instrument,  or,  in  case  of  any 
other  legal  difficulty  or  impediment  in  effecting  the 
object  or  intent  of  the  parties,  by  the  particular 
arrangements,  now  made  therefor,  they  will  nego- 
tiate further  thereon,  and  will  use  all  their  reasonable 
and  lawful  endeavors,  and  enter  into  allsuch  further 
proceedings  and  agTcements  as  may  be  necessary  and 
deemed  adequate  to  accomplish  the  ti-ue  mtent,  mean- 
ing and  object  of  this  agreement  as  hereinbefore 
declared. 

In  witness  whereof  this  agreement  is  subscribed  in 
behalf  of  the  city,  by  Jacob  McLellan,  mayor,  duly 
authorized  by  a  vote  of  the  city  council  passed  on  the 
17th  day  of  September,  1868,  and  in  behalf  of  the 
railroad  company  by  St.  John  Smith,  president,  duly 
authorized  by  a  vote  of  the  directors  passed  on  the 
twenty-second  day  of  October,  1868, — and  the  said 
parties  have  hereto  affixed  their  respective  seals  this 
thirty-first  day  of  October  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-eight. 

Signed,  sealed  and  delivered. 


Rebuilding  of  the  Burned 
District. 

AFTER  THE   GREAT   FIRE   OF    1866. 


Statutes. 

1.  Bonds  of  city;  amount  and  when  payable. 

2.  Commissioners  to  negotiate  loan. 

3.  Commissioners  may  loan  on  mortgages  of  real  estate. 

4.  Interest  upon  loans. 

5.  Sinking  fund.     Moneys  on  hand,  how  to  be  invested. 

6.  Vacancies  in  board  of  commissioners,  how  filled.    Remov- 
als, how  made.    Succession  in  management  of  property. 

7.  Duties  of  city  treasurer. 

8.  Accounts,  records  and  reports,  how  and  when  made. 

9.  Acceptance  of  act  by  citizens. 
10.    Bonds  may  be  cancelled. 

ORDER  OF   CITY  COUNCIL. 

1.     Relating  to  bonds. 

Statutes. 
1.  For  the  purpose  of  aiding  in  rebuilding  said  city,  so 
amount  and      much  of  which  was  recently  destroyed  by  fire,  the  city  of 
when  payable.  Portland  IS  authorized  to  issue  its  bonds  to  an  amount 
^ha'tSs'sTS     ^^*  exceeding  two  millions  of  dollars,  payable  in  not  ex- 
390.  ceeding   twenty  years  from  their  date,  and   bearing   an 

interest  at  the  rate  of  six  per  centum  per  annum,  payable 
at  the  option  of  the  commissioners  in  any  place  in  the 
United  States,  or  payable  in  England  in  sterling. 
Commissioners      ^'  -^  board  of  four  commissioners,  citizens  of  said  city, 
to  negotiate      shall  be  appointed  by  the  mayor  and  aldermen  of  said 
°*^*  city.     Each  of  said  commissioners  shall  give  bond  to  the 

city,  in  such  sum  as  the  mayor  and  aldermen  shall  deter- 
mine, conditioned  for  the  faithful  discharge  of  his  duty  as 
commissioner.     They  shall  receive  such  compensation  for 
sation  and^°    their  services  as  shall  be  established  by  the  mayor  and 
duties.  aldermen.     The  bonds  issued  by  virtue  hereof,  shall  be 


Bonds  of  city, 


REBUILDING,  ETC.  417 

negotiated  by  said  commissioners,  under  the  direction  of  Act  1867,  c.  373. 
the  mayor,  and  delivered  by  the  city  treasurer  upon  the 
warrant  of  the  commissioners. 

3.  The  said  commissioners,  under  such  general  regula- 
tions as  shall   be  established  from  time  to  time  by  the  May  loan  upon 
mayor  and  aldermen  of  said  city,  shall  loan  the  proceeds    ^^j  Ste  ° 
of   said   bonds   in    a   safe   and   judicious  manner,  upon  Acts,  i867, 
mortgages  of   real   estate,  for  the  purpose  of   building    chapters  373, 
dwelling-houses,  stores   and   buildings,  in   said   city   of 
Portland. 

4.  Upon  all  loans  made  by  said  commissioners  under  interest  upon 
this  act,  they  are  hereby  authorized  to  charge,  take  or  re-    ^°*°®' 
serve,  a  rate  of  interest  not  exceeding  seven  and  three-  ^^^"^   ''^'  '  " 
tenths  per  centum  per  annum. 

5.  For  the  purpose  of  the  payment  of  the  bonds  issued 
under  this  act,  a  sinking  fund  shall  be  established,  to  be 
under  the  direction  of  said  commissioners.  All  payments 
of  loans,  all  receipts  of  interest  above  interest  paid,  after 
payment  of  necessary  expenses,  and  all  other  moneys  re- 
ceived, excepting  from  the  sale  of  said  bonds,  shall  be 
placed  to  the  credit  of  said  sinking  fund.  The  commis- 
sioners shall  from  time  to.  time  at  their  discretion,  invest 

the  moneys  on  hand,  securely,  so  that  they  shall  be  pro-    investedin 
ductive ;  and  the  same  may  be  loaned  on  mortgages  of    securities, 
real  estate,  as  provided  in  section  three  of  this  act,  or    gonveved^^*^ 
invested  in  the  bonds  issued  under  this  act,  or  any  other  r^j^j 
bonds  of  the  city  of  Portland,  or  of  the  State  of  Maine, 
or  of  the  United  States,  which  securities  shall  be  held  for 
the  increase  of  the  sinking  fund.    And  the  commissioners 
may,  from  time  to  time,  sell  or  transfer  any  of  said  se- 
curities. 

6.  Vacancies  in  the  board  of  commissioners  shall   be  Vacancies,  how 
filled  by  the  remaining  or  surviving  commissioners.    Said    *^^^^' 
commissioners,  or  any  of  them,  shall  not  be  removable  ^^^J^^^^'  ^^^ 
from  office,  except  by  the  supreme  judicial  court,  in  their 
discretion,  upon  complaint  of  the  mayor  and  aldermen  of 

said  city,  which  court  is  hereby  empowered  to  adjudicate 
upon  said  complaint  according  to  the  course  of  proceed-  succession  in 
ings  in  equity,  and  to  pass  all  proper  decrees  touching    management 
the  same.    Vacancies  thus  created  shall  be  filled  as  above  ibid. 


418 


KEBUILDING,  ETC. 


Duties  of  city 
treasurer. 

Ibid. 


Accounts, 
records  and 
reports,  how 
and  wiien 
made. 

Ibid. 


Acceptance  of 

Act  by  citi- 
zens. 


Bonds  may  be 
cancelled. 

Act  of  1873, 
C.256. 


provided ;  and  as  often  as  any  new  commissioner  or  com- 
missioners shall  be  appointed,  the  management  of  the 
property  then  held  shall  rest  by  operation  of  law  in  such 
new  commissioner  or  commissioners,  jointly  with  the  prior 
commissioners. 

7.  Tlje  city  treasurer  shall  have  the  care  and  custody 
of  all  moneys  received  from  the  sale  of  bonds,  or  from 
any  other  sources,  and  shall  be  responsible  on  his  official 
bond,  to  the  city  for  the  safe  keeping  of  the  funds  thus 
entrusted  to  him.  He  shall  also  have  the  care  and 
custody  of,  and  be  responsible  for,  all  the  securities  of 
the  sinking  fund.  He  shall  pay  out  and  deliver  any  of 
said  moneys  or  securities  only  upon  the  warrant  of  the 
commissioners. 

8.  The  said  commissioners  shall  keep  a  true  record  of 
all  their  proceedings,  and  an  account  of  all  sums  received 
from  the  sale  of  bonds  or  from  any  other  sources,  and 
the  payments  made  of  the  same.  They  shall,  annu- 
ally, in  the  month  of  January,  report  to  the  city  council 
their  proceedings  for  the  year.  And  their  records  and 
accounts  and  the  accounts  and  securities  of  the  sinking 
fund,  shall  at  all  'times  be  open  to  inspection  by  the  finance 
committee  of  the  city  council. 

9.  This  act^  shall  not  take  effect  unless  accepted  by 
the  legal  voters  of  said  city,  at  ward  meetings  duly  called, 
and  at  least  two-thirds  of  the  votes  cast  at  said  meetings, 
shall  be  necessary  for  the  acceptance  of  the  act. 

10.  The  commissioners  of  the  Building  Loan  of  the 
city  of  Portland,  with  the  consent  of  the  city  council  of 
Portland,  are  authorized  from  time  to  time  to  cancel  as 
paid,  any  or  all  bonds  issued  by  the  city  of  Portland,  in 
pursuance  of  the  acts  authorizing  such  building  loan, 
whenever  any  of  such  bonds  are  held  or  purchased  by  such 
commissioners. 


1  The  act  was  accepted  March  15,  1867,  and  March  20,  1867,  Woodbury 
Davis,  Eben  Steele,  Ambrose  K.  Shurtleff  and  Weston  R.  Millikin  were  ap- 
pointed  commissioners.  » 


REBUILDING,  ETC.  419 

Order. 
1 .  Ordered,  That  in  accordance  with  the  act  of  the  Relating  to 
legislature  of  this  State,  approved  February  28,  1867,  ^<»°**^- 
entitled  "An  act  to  enable  the  city  of  Portland  to  aid 
in  rebuilding  said  city,"  the  treasurer  be,  and  he  is 
hereby  authorized  to  issue  the  bonds  of  the  city  in 
sums  of  not  less  than  one  thousand  dollars  each,  from 
time  to  time,  as  may  be  required  by  the  commission- 
ers appointed  under  said  act,  to  an  amount  not 
exceeding  the  sum  authorized  by  said  act,  at  the  rate 
of  interest  of  six  per  cent,  per  annum,  payable  in 
twenty  years  from  this  date,  both  principal  and 
interest  pa^-al^le  in  lawful  money  of  the  United  States 
of  America,  and  at  the  option  of  the  said  commis- 
sioners at  any  place  within  the  United  States.  Each 
bond  aforesaid  shall  be  signed  by  the  treasurer, 
countersigned  by  the  mayor,  attested  by  the  city 
clerk  with  the  seal  of  the  city,  and  also  countersigned 
by  one  or  more  of  the  commissioners  under  said  act ; 
but  the  coupons  shall  be  signed  by  the  treasurer  only. 


Riots. 


Statutes. 

1.  Unlawful  assembly  and  riot. 

2.  One  person  may  be  convicted,  without  the  others. 

SUPPRESSION    OF    MOBS    BY    OFFICERS    AND    ARMED    FORCE. 

3.  Duty  of  magistrates  and  officers  to  disperse  unlawful 

assembly  of  twelve  or  more ;  refusal  to  assist  them,  or 
to  disperse  when  ordered ;  neglect  of  duty  by  magis- 
trates and  officers. 

4.  When  rioters  refuse  to  disperse,  magistrates  and  officers 

to  call  out  armed  force. 
'  5.     If  any  person  is  killed  or  wounded,  magistrates  and  offi- 
cers held  guiltless ;  liability  of  the  persons  unlawfully 
assembled  or  refusing  to  assist  in  like  case. 

PUNISHMENT    AND    REMEDY    FOR    INJURIES    BY    MOBS. 

6.  Punishment  and  civil  remedy  for  pulling  down  houses  or 

premeditated  personal  injuries. 

7.  Extent  of  liability  of  towns  for  injury  to  private  property 

by  mobs,  and  their  remedy  against  the  wrong-doers. 

Ordinance. 

1.     In  case  of  riot,  duty  of  city  marshal,  &c. 

Statutes. 

1.  If  three  or  more  persons  assemble  in  a  violent  or 

Unlawful  tumultuous   manner    to   do   an    nulawful   act,  or,    being 

assem   y  an^  together,  make  any  attempt  or  motion  towards  doing  a" 

R  s   1871         lawful  or  unlawful  act  in  a  violent,  unlawful,  or  tumult- 

c.  123,  §2.        uous  manner,  to  the  terror  or  disturbance  of  others,  they 

shall  be  deemed  guilty  of  an  unlawful  assembly  ;  if  they 

commit  such   acts   in   the   manner   and   with  the  effect 

aforesaid,  they  shall  be  deemed  guilty  of  a  riot,  and  be 

punished  in  either  case,  by  imprisonment  less  than  one 

year,  and  by  a  fine  not  exceeding  five  hundred  dollars ; 

1  state  V.  Snow,  18  Maine,  346;  State  v.  Straw,  33  Maine,  554;  State  v.  Boies, 
34  Maine,  235. 


&c. 
Ibid.  §  4. 


RIOTS.  421 

and  in  case  of  a  riot,  each  ofiender  shall  also  suffer  such 
punishment  as  he  would  be  liable  to  if  he  had  committed 
such  act  alone. 

2.  Any  person  engaged  in  an  unlawful  assembly  or  one  person 

riot,  may  be  indicted  and  convicted  thereof  alone,  if  it  is    maybecon- 
'         -^  .   1      ,  victed,  with- 

alleged  in  the  indictment  and  proved  at  the  trial  that    out  the  others- 

three  or  more  were  engaged  therein,  and  if  J^nown,  they  ibid.  §3. 

must  be  named,  but  if  unknown,  that  fact  must  be  alleged. 

SUPPRESSION    OF    MOBS     BY    OFFICERS     AND    ARMED     FORCE. 

3.  When  twelve  or  more  persons,  any  of  them  armed  D^ty  of  magis- 
with   clubs   or  dangerous  weapons,  or   thirty  or   more,    trateandof- 
armed  or  unarmed,  are  unlawfully,  riotously,  or  tumult-      *^^emiiaw 
uously  assembled  in  any  town,  it  shall  be  the  duty  of    fui  assembly, 
each  of  the  municipal  officers,  constable,  and  justices  of 
the  peace  thereof,  and  of  the  sheriff  of  the  county  and  his 
deputies,  to  go  among  the  persons  so  assembled,  or  as 

near  to  them  as  they  can  safely  go,  and  in  the  name  of 
the  State,  command  them  immediately  and  peaceably  to 
disperse ;  and  if  they  do  not  obey,  such  magistrates  and 
officers  shall  command  the  assistance  of  all  persons 
present  in  arresting  and  securing  the  persons  so  unlaw- 
fully assembled  ;  and  every  person  refusing  to  disperse, 
or  to  assist  as  aforesaid,  shall  bfe  deemed  one  of  such 
unlawful  assembly,  and  punished  by  a  fine  not  exceeding 
five  hundred  dollars,  and  imprisonment  less  than  one 
year ;  and  each  such  magistrate  or  other  officer,  having 
notice  of  such  unlawful  assembly,  in  his  tOwn,  and  refus- 
ing or  neglecting  to  do  his  duty  in  relation  thereto  as 
aforesaid,  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars. 

4.  When  persons  so  riotously  or  unlawfully  assembled, 
neglect  or  refuse,  on  command  as  aforesaid,  to  disperse    refuse  to  dis- 
without  unnecessary  delay,  any  two  of  the  magistrates,    perse,  &c. 
or  officers  aforesaid,  may  require  the  aid  of  a  sufficient  iwd.  §5. 
number  of  persons  in  arms  or  otherwise,  and  proceed  in 
such  manner  as  they  judge  expedient,  to  suppress  such 
riotous  assembly,  and  arrest  and  secure  the  persons  com- 
posing it ;  and  when  an  armed  force  is  thus  called  out, 


422 


RIOTS. 


Jf  any  person ' 
is  killed  or 
wounded,  of- 
ficers held 
guiltless,  &c. 

Ibid.  §  6. 


they  shall  obey  the  orders  for  suppressing  such  assembly 
and  arresting  and  securing  the  persons  composing  it, 
which  they  receive  from  the  governor,  any  judge  of  a 
court  of  record,  the  sheriff  of  the  county,  or  any  two  of 
tiie  magistrates  or  officers  mentioned  in  section  four. 

5.  If,  in  the  efforts  made  as  aforesaid  to  suppress  such 
assembly,  and  to  arrest  and  secure  the  persons  composing 
it  who  refuse  to  disperse,  though  the  number  remaining  is 
less  than  twelve,  Lny  such  persons,  or  any  persons  present 
as  spectators  or  otherwise,  are  killed  or  wounded,  said 
magistrates,  officers,  and  persons  acting  with  them  by 
their  order,  shall  be  held  guiltless  and  justified  in  law ; 
if  any  of  said  magistrates,  officers,  or  persons  thus  act- 
ing with  them,  are  killed  or  wounded,  all  persons  so 
unlawfully  or  riotously  assembled,  and  all  other  persons 
who  refused  when  required,  to  aid  such  magistrates  and 
officers,  shall  be  held  answerable  therefor. 


Punishment 
for- pulling 
down  houses 
or  premedita- 
ted personal 
injuries. 

Ibid.  §  7. 


Liability  of 
towns  for  in- 
jury by  mobs, 
&c. 

Ibid.  §  8. 


PUNISHMENT^    AND     PvEMEDY     FOR    INJURIES     BY     MOBS. 

6.  If  any  persons,  thus  unlawfully  and  riotously  assem- 
bled, pull  down,  or  begin  to  pull  down,  or  destroy  any 
dwelling-house,  building,  ship  or  vessel ;  or  perpetrate 
any  premeditated  injury,  not  a  felony,  on  any  person, 
each  shall  be  punished  by  imprisonment  not  more  than 
five  years,  or  by  a  fine  not  exceeding  five  hundred  dol- 
lars ;  and  shall  also  be  answerable  to  any  person  injured, 
in  an  action  of  trespass  to  the  full  amount  of  damages  by 
him  sustained. 

7.  When  the  injury  to  any  property  as  described  in 
section  seven  [section  above]  amounts  to  fifty  dollars  or 
more,  the  town  where  such  property  is  situated  shall 
indemnify  the  owner  thereof  for  three-fourths  of  the 
value  of  such  injury,  to  be  recovered  iu  an  action  on  the 
case,  if  he  uses  all  reasonable  diligence  to  prevent  such 
injuries,  and  to  procure  the  conviction  of  the  offenders  ; 
and  the  town  paying  such  sum  may  recover  it  in  an  action 
on  the  case  against  the  persons  doing  the  injury. 


2  For  Statutes  forbidding  prize  fights,  game  cock  fights,  &c.,  see  acts  1873, 
c.  146. 


RIOTS.  423 

Ordinance. 
1.  In  case  of  any  riot,  or  unauthorized  and  tumult-  in  case  of  riot, 
uous  collection  of  persons,  within  the  limits  of  the  officers  to  re- 
city,    it   shall  be   the    duty    of  the  city    marshal,    pair  to  place 
deputy  marshals,  policemen,  watchmen  and  constables  „     ^ ' 

^      '^     ,  ^  .  Rev.  Orel,,  1868. 

of  the  city,  as  soon  as  they  are  informed  of  the  same, 
to  repair  immediately  to  the  place  where  said  riot  or 
tumult  may  be,  and  report  themselves  to  the  mayor, 
or  in  his  absence,  to  the  city  marshal,  and  they  shall 
use  all  the  power  and  authority  vested  in  them  by  the 
ordinances  of  the  city,  or  laws  of  this  State,  quickly  '^anramhori'^ 
to  separate  and   disperse  said  mob    or   tumultuous   to  disperse 
collection  of  persons,  or  to  arrest  and  bring  them  to   ^^  ' 
trial  for  said  offense,  as  the  case  may  require,  to 
protect  the  persons  and  property  of  the  citizens  from 
injury,  and  to  do  all  other  matters  and  things  which 
may  be   commanded  them  by  the  mayor   or  city 
marshal. 


26 


Sale   of    Second-liaiid 
Articles,  Junk,  &c. 


Statutes. 


1.  Mayor,  &c.,  may  license  junk  shops,  &c. 

2.  Licenses  to  designate  place  of  business. 

3.  Liability  of  persons  not  licensed.     Penalty. 

4.  Any  city  may  establish  ordanances  regulating. 

Mayor  and  ai-  i.  The  mayor  and  aldermen  of  the  city  of  Portland, 
thorized  to  ^lay  license  such  persons  as  they  deem  suitable  to  be 
grant  licenses  keepers  of  shops  for  the  purchase,  sale,  or  barter  of  junk, 
c^rtainTur-^^  ^^^  metals,  boncs,  rags,  or  of  any  second  hand  articles, 
poses.  and  to  be  dealers  therein. 

63*'^^^'^^^^  2.  The  licenses  to  such  persons  shall  designate  the 
place  where  the  business  is  to  be  carried  on,  and  the  per- 
piace  of  busi-  ^^^^  licensed  shall  be  subject  to  such  conditions,  restric- 
ness,  &c.  tions  and  regulations  as  may  be  prescribed  by  the  mayor 
Ibid.  and  aldermen  of  said  city,  and  the  license  shall  continue 

in  force  for  one  year,  unless  sooner  revoked. 
Persons  not  3.  No  person,  unless  licensed  as  aforesaid,  shall  keep 

hc^ensed,  lia-     ^^^  ^^^^  ^^,  place  for  the  purchase,  sale  or  barter  of  the 
articles  aforesaid,  or  for  the  storage  thereof,  or  be  a  deal- 
er therein ;  nor  shall  any  person  so  licensed,  keep  such 
shop,  or  be  a  dealer  in  said  articles,  in  any  other  place  or 
—license  re-       manner  than  as  is  designated  in  his  license  or  after  notice 
Toked,  liable,    iq  ]^[jj^  that  said  license  has  been  revoked,  under  the  pen- 
Penaity.  alty  of  twenty  dollars  for  each  offence,  to  be  recovered 

ered.  ^J  Complaint  in  the  municipal  court  for  said  city  or  by 

ji,i(j  indictment. 


SALE,    ETC.  425 

4.  Any  city  may  establish  ordinances  regulating  the  citymayestab- 
purchase  and  sale  of  old  junk,  metals  and  other  articles    lishordinan- 
usually  bought  by  old  junk  dealers,  and  may  therein  pre-    ^^  reguiat- 
scribe  such  conditions  to  be  observed  by  buyers  and  sellers  issi,  c.  ii. 
as  the  city  oflScers  may  deem  best,  to  prevent  or  detect 
the  sale  or  purchase  of  stolen  goods  ;  and  suitable  penal- 
ties may  be  prescribed  in  such  ordinances  for  any  viola- 
tion thereof. 


Scliools. 


Statutes. 


1.  Towns  may  determine  number  and  limits  of  school  districts. 

2.  Towns  may  choose  agents ;  vacancies  how  filled. 

3.  School  money  shall  be  paid  only  on  written  order  of  town 

officers. 

4.  School  money  in  Portland,  how  paid. 

5.  Towns  may  abolish  districts.     Property  to  be  appraised. 

Powers  to  continue  for  certain  purposes. 

6.  Towns  to  raise  not  less  than  eighty  cents  per  inhabitant. 

7.  Towns  may  provide  school  books. 

8.  Apportionment    of    school    money,    among    the  smaller 

districts. 

9.  Towns  may  choose  committee  or  supei-visor.      Who  may 

appoint  one  of  their  number  to  act.    Penalty. 

10.  Compulsory  attendance    of   children  twelve  weeks  in  a 

year. 

11.  Mill  tax  for  supporting  schools. 

12.  Mill  tax,  how  assessed  and  collected. 

13.  ,  Mill  tax,  distribution  of. 

14r.    Mill  tax,  unexpended  portion,  to  be  added  to  fund. 

15.  Towns  to  make  by-laws  concerning  truants,  and  certain 

children  not  attending  school,  to  be  approved  by  judge 
of  supreme  court.    Penalty  for  breach  thereof. 

16.  Shall  appoint  persons  to  make  complaints  of  violation  of 

by-laws. 

17.  Truant  children  may  be  placed  in  suitable  institutions. 

SCHOOL    COMMITTEE  OF  PORTLAND. 

18.  School  committee  of  Portland,  how  constituted. 

19.  School  committee  of  Portland,  to  reside  in  city  irrespective 

of  wards. 

20.  School  committee  of  Portland,  vacancy,  how  filled. 

21.  School  committee  of  Portland,  powers  and  duties  of. 

22.  School  committee  of  Portland,  powers  not  specially  con- 

ferred, vested  in  city  council. 
.23.    School  committee    of  Portland,  certain  acts  regarding 
repealed. 


SCHOOLS.  427 

GENERAL  POWERS  AND  DUTIES  OF  SCHOOL  COMMITTEES. 

24.  School  committees  to  be  sworn. 

25.  Committee  when  first  chosen  to  arrange  terms  of  office. 

26.  Their  duties. 

27.  They  shall  make  annual  statements. 

28.  Agents  sometimes  authorized  to  employ  teachers.      Dis- 

trict agents  may  also  be  authorized. 

29.  Agent  to  return  lists  to  school  committee. 

30.  Duty  of  committee,  if  agent  neglect  to  act.      Committee 

to  return  list  to  assessors. 

31.  Committee  to  furnish  books  if  parents  or  guardians  neg^ 

lect. 

32.  Compensation  of  committee  or  supervisors. 

33.  Duty  of  assessors  or  municipal  officers. 

34.  Duty  of  State  Superintendent  in  regard  to  above  section. 

DUTIES  AND   QUALIFICATIONS  OF  INSTRUCTORS. 

35.  Teachers  to  keep  school  register.     Not  to  be  paid  till 

register  is  completed. 

36.  Teachers  to  inculcate  justice,  morality  and  patriotism. 

37.  Penalty  for  disturbing  schools. 

38.  Parents  or  guardians  liable. 

39.  Defacing  school  houses.     Penalty. 

40.  Innholders  and  shopkeepers  not  to  give  credit  to  students. 

41.  School  exercises.    Resolve  relating  to. 

Ordinances. 

1.  Committee  to  elect  and  remove  teachers,  determine  their 

salaries,  &c. 

2.  Salaries  to  be  apportioned  so  as  not  to  exceed  appropria- 

tion. 

3.  Persons  not  vaccinated,  not  permitted  to  attend  public 

schools. 

4.  Committee  may  cause  scholars  to  be  vaccinated  at  city 

expense. 

TRUANTS. 

5.  Children  between  eight  and  sixteen  required  to  attend 

school. 

6.  Punishment  for  not  attending  sehool. 

7.  Truant  officer  to  be  appointed. 

8.  What  provided  as  suitable  places  of  punishment. 

9.  Habitual  truants,  how  punished. 

10.  Same  subject. 

SUPERINTENDEN'T  OF  BUILDINGS. 

11.  School  buildings,  superintendent,  appointment  of. 


428  SCHOOLS. 

12.  School  buildings,  superintendent,  duties  of. 

13.  School  buildings,  superintendent,  same  subject. 

14.  School  buildings,  superintendent,  same  subject. 

NON  RESroENT  SCHOLARS. 

15.  Non  resident  children  to  be  admitted  to  schools  under  same 

circumstances. 

Statutes. 

1.  A  town  at  its  annual  meeting,^  or  at  a  meeting  called 
for  that  purpose,  may  determine  the  number  and  limits  of 

Towns  may       ^^-J^g  gchool  districts  therein,  but  they  shall  not  be  altered, 
determine  the  t  j 

number  and     discontinued  or  annexed  to  others,  except  on  the  written 
limits  of  recommendation  of  the  municipal  officers  and  superin- 

tricts.  tending  school  committee,  accompanied  by  a  statement  of 

facts,  and  on  conditions  proper  to  preserve  the  rights  and 
obligations  of  the  inhabitants  ;  but  when  in  the  judg- 
ment of  the  board  consisting  of  the  municipal  officers 
and  superintending  school  committee  or  supervisor,  the 
School  in  a        number  of  scholars  in  any  district  becomes  too  few  for 

disti'ictmay     ^j^g  profitable  expenditure  of  the  money  apportioned  to 
be  suspended.  ^  ^  j      i  l 

said  district,  said  board  may  suspend  the  school  in  said 

district,  and  cause  the  money  to  be  expended,  for  the 

benefit  of  the  scholars  in  said  district,  in  the  adjoining 

district  or  districts.     Said  board  shall  make  a  record  of 

its  decision  in  relation  to  the  school  in  said  district,  sign 

the  same  and  cause  it  to  be  recorded  by  the  town  clerk, 

and  such  decision  shall  remain  in  full  force  until  annulled 

How  part  of      by  vote  of  the  town ,  or  by  the  action  of  a  subsequent  board. 

money  may  be  Said  board  may  reserve  not  more  than  one-half  of  the 

expended.  . 

Act  1880,  c.  181.  money  appropriated  to  such  districts,  to  be  expended,  in 
their  discretion,  for  the  conveyance  of  children  of  such 
'SSIe'gLts.  ^^«^^'i^t«  to  ^^^^  f^om  school. 

^iied^^^^'*^^^      2.  A  town,  at  its  annual  meeting,  may  choose  its  school 
R.S.,  1871,  e.  11,  agents ;  and  vacancies  may  be  filled  as  in  case  of  other 

School  money    town  officers  not  chosen  by  ballot.^ 
shall  be  paid  o     tvt  '.•,..■,  -, 

only  on  writ-        o.  JNo  money  appropriated  to  the  use  and  support  of 

town^officers    public  schools  Under  the  laws  of  this  state  shall  be  paid 

from  the  treasury  of  any  city,  town  or  plantation,  except 

»  Webber  v.  Stover,  62  Maine,  512;  Whitmore  v.  Hogan,  22  Maine,  564. 

2Dore  V.  Billings,  26  Maine,  56;  Tucker  v.  Wentworth,  35  Maine,  393; 
School  district  v.  Deshon,  51  Maine,  454. 


SCHOOLS.  429 

upon  the  written  order  of  the  municipal  officers  thereof  ;  oct.  i877,  c.  i96. 
and  no  order  for.  the  payment  of  such  money  shall  be  ™|s^orjSpiy 
drawn  by  the  said  municipal  officers,  except  upon  presen-    sefnSf  § 
tation  of  a  properly  avouched  bill  of  items. 

4.  All  moneys  appropriated  for  the  use  and  support  of  School  money 
public  schools  in  the  city  of  Portland,  shall  be  paid  by  the    ^^w  mid!^  ' 
treasurer  of  the  city,  upon  the  account  being  approved  by  Act  1879,  c.  i3i. 
the  mayor  and  committee  of   accounts  for  the  city  of 
Portland.     The  provisions  of  chapter  one  hundred  and 
ninety-six  of  the  public  laws  of  eighteen  hundred  and  sev- 
enty-seven, shall  not  apply  to  the  city  of  Portland. 

5.  A  town  may  abolish- the  school  districts  therein,  and 

shall   thereupon   forthwith   take   possession   of     all   the  Towns  may 

111  11  .  ij.1  1  A     ^     abolish  school 

school-houses,  land,  apparatus,  and  other  property  owned    ^gt^ctg 
and  used  for  school  purposes,  which  districts  might  law-  1875,  c.  u. 
fully  sell  and  convey.      The  property  so  taken  shall  be  ^™\^^°°  ^[ 
appraised  under  the  duection  of  the  town,  and  at  the    §3. 
next  annual  assessment  thereafter,  a  tax  shall  be  levied  Property 

appraised. 

upon  the  whole  town,  equal  to  the  whole  amount  of  said  Tax  to  be  levied 
appraisal,  or  such  part  thereof  as  the  town  shall  vote,    for  amount  of 
and  the  remainder  of  said  appraisal,  if  any  there  be,  shall 
be  levied  by  tax  upon  the  whole  town  at  the  second  and  Remitted  to 

1  .    T  1  ,  /.  ,  -.     district  for 

third   annual   assessment  thereafter,    or   at  the   second    yaiue  of  prop- 
alone,  as  the  town  shall  vote,  and  there  shall  be  remitted  to    erty. 
the  tax  payers  of  each  district  the  said  appraised  value  of  Powers  and 
its  property  thus  taken,  in  the  same  proportion  annually    (Ugtrictsto 
as  the  tax  therefor  shall  be  levied,  or  the  difference  in    continue  for 
the  value  of  the  property  of  the  several  districts  may    poses"^"' 
be  adjusted  in  any  other  manner  agreed  upon  by  the 
parties  in  interest.     Upon  the  abolition  or  discontinuance  ^^J^  duties  of 

district*  c;pg 

of  any  district,  its  corporate  powers  and  liabilities  shall    c.  11,  of  R.  s., 
continue  and  remain,  so  far  as  may  be  necessary  for  the    i87i. 
enforcement  of  its  rights  and  duties. 

6.  Every   city,  town   and   plantation  shall  raise  and 

-  ,,        -  ,  i.        ,       1        ,         .  Towns  to  raise 

expend,  annually,  for  the  support  of  schools  therein,  a   for  school 
sum  of  money,  exclusive  of  the  income  of  any  corporate    purposes  not 


less  than  SO 
cents  per 


school  fund,  or  of  any  grant  from  the  revenue  or  funds 

from  the  state,  or  of  any  voluntary  donation,  devise  or   inhabitant. 

bequest,  or   of  any  forfeiture   accruinsf   to   the  use   of  Act  i878,  c.  20. 

•^  °  Amending  R. 

S.,1871,c.ll,§5. 


430  SCHOOLS. 

Penalty.  schools,  not  less  than  eighty  cents,  for  each  inhabitant, 

according  to  the  census  of  the  state,  by  which  represen- 
tatives  to  the  legislature  were  last  apportioned,  under 
penalty  of  forfeiting  not  less  than  twice  nor  more  than 
Towns  neglect-  four  times  the  amount  of  its  deficiency  ;    and  no  town 
ingnotenti-      ^j^jch  uesflects  to  raise  the  amount  of  money  required  to 

tifid  to  StflfliB  »/  * 

school  fund,     be  raised  by  this  section,  shall,  during  the  year  in  which 

such  neglect  occurs,  receive  any  part  of  the  state  school 

fund  required  to  be  apportioned  to  the  several  towns  by 

the  treasurer  of  state. 

Towns  may  7.  Towns,  citics  and  plantations,  may  raise  money  to 

books^^  ^^^°^^  provide  school  books  for  the  use  of  the  pupils  in  their  public 
R.s.,i87i,c.ii,  schools,  at  the  expense  of  said  town,  city  or  plantation, 

§6-  or^o  furnish  them  at  cost  to  the  pupils  ;    and  all  money 

raised  and  appropriated  for  that  purpose  shall  be  assessed 
in  the  same  manner  as  other  moneys  raised  for  lawful 
purposes  are  assessed. 

8.  The  assessors  and  superintending  school  committee, 
amendin^  '  ^^  Supervisors  of  towns,  cities  and  plantations,  may 
1874,  c.  166,  annually  apportion  twenty  per  centum  of  all  money 
andR.  s.,1871,  required  to  be   raised   by   the   fifth   section   of   chapter 

eleven  of  the  revised  statutes,  and  twenty  per  centum 
of  school  °  ^^  ^^  money  received  from  the  state  for  schools,  except 
money  among  money  received  under  the  free  high  school  act,  among  the 
disti-ictsin  districts  in  the  several  towns,  cities  and  plantations,  in 
the  several  such.  manner  as  in  their  judgment  shall  give  to  the 
smaller  districts,  as  nearly  as  may  be,  an  equal  oppor- 
tunity of  enjoying  the  benefits  of  common  school  educa- 
tion with  the  larger  districts. 

9.  Every  town  shall  choose  by  ballot  at  its  annual 
choose  com-  meeting,  a  superintending  school  committee  of  three, 
mittee  or         unless  already  done,  to  hold  office  as  provided  in  section 

supervisor.         f, 

R. S.,1871, ell,  fifty-three,  chapter  eleven,   R.  S.,   1871,   and  shall  fill 
§10-  vacancies    arising    therein   at   each   subsequent    annual 

See  school  com-  ^^^ting,  or,  shall,  in  the  same  manner,  choose  a  super- 
mitteeof  Port-  visor  of  schools,  who  shall  have  the  power  and  perform 
anr ,  pos  .       ^^^  duties  which  are  now,  or  may  hereafter  be  required 
of  the  committe  aforesaid  ;  and  his  election  shall  termin- 
ate the  office  of  any  and  all  existing  members  of  such 
committee.     The  superintending  school  committee  may 


towns. 


Towns  to 


SCHOOLS.  431 

appoint  one   of  their  number,  who  shall   have  all  the  s.  s.Committee 

may  appoint 

power,  and  perform  all  the  duties  specified  in  the  fifth    one  of  their 
and  twelfth  items  of  the  fifty-fourth  section  of  chapter    perform  cer- 
11,  revised  statutes  of  1871.      Any  town  failing  to  elect  r.  s.,i87i,c' ii, 
members  of  superintending  school  committee  or  supervisor  penalty  for 
as  required  by  law  shall  forfeit  not  less  than  thu*ty,  nor    to^oosicom- 
more  than  two  hundred  dollars.  Si^pei^isor 

10.  That  every  parent,  guardian,  or  other  person  in  the  ^^'^^-  §  ^2. 
State  of  Maine,  having  control  of  any  child  or  children  Children  re- 

'  ®  -^  qmred  to 

between  the  ages  of  nine  and  fifteen  years,  shall  be  re-    attend  public 

quired  to  send  such  child  or  children  to  a  public  school    school  twelve 

weeks  in  a 
for  a  period  of  at  least  twelve  weeks  in  each  year,  unless    a  year. 

such  child  or  children  are  excused  from  such  attendance  ^ct  1875,  c.  24. 
by  the  school  officers  of  the  town  in  which  such  parent  or 
guardian  resides,  upon  its  being  shown  to  their  satisfac- 
tion that  the  mental  or  bodily  condition  of  such  child  or 

children  has  been  such  as  to  prevent  attendance  at  school 

...  1       /.         ,  .1  .      -,  -,  Exception, 

or  application  to  study  for  the  period  required,  and  the 

certificate  of  a  physician  shall  be  deemed  sufficient  to  sat- 
isfy said  officers  ;  or  that  such  child  or  children  have  been 
taught  at  a  private  school  or  at  home  in  such  branches  as 
are  usually  taught  in  primary  schools  ;  provided,  in  case 
a  public  school  shall  not  be  taught  fOr  three  months  in  the 
year  within  one  and  one-half  miles  by  the  shortest  trav- 
elled road  of  the  residence  of  such  delinquent,  nor  within 
the  school  district  within  which  such  child  resides,  he  Penalty  for 

shall  not  be  liable  to  the  provisions  of  this  act.     In  case    ^on-compii- 

'-  ance. 

any  parent,  guardian,  or  other  person  having  such  control,  j^^^  ^  ^ 

shall  fail  to  comply  with  above  provision,  he  shall  be  liable 
to  a  fine  not  exceeding  five  dollars  and  costs  of  prose- 
cution for  such  offence,  to  be  recovered  in  any  court  com- 
petent to  try  the  same,  and  the  magistrate  or  court  to 
which  said  fine  shall  be  paid  shall  pay  the  same  to  the 
treasurer  of  the  town  in  which  the  offence  was  committed, 
and  shall  be  by  him  accounted  for,  the  same  as  money 
raised"  for  school  purposes.  Every  boy  in  this  State  be- 
tween the  ages  of  nine  and  fifteen  years,  who  shall 
neglect  or  refuse  to  attend  school  as  required  in  section  ^^^^^^  ^  ^^^ 
one  of  this  act,  unless  excused  by  the  school  officers  of 
the  city,  town,  or  plantation  in  which  he  resides,  on  being 


432 


SCHOOLS. 


Duty  of  com- 
mittee to 
enforce. 

Ibid.  §  4. 

Mill  tax  f  or 
support  of' 


Act  1872,  c.  43. 

How  assessed 
and  collected. 
Ibid. 

Distribution. 
Ibid. 


Any  portion 
unexpended 
to  be  added  to 
permanent 
fund. 

Ibid. 


Cities  and 
towns  author- 
ized to  make 
laws  concern- 
ing truants. 

R.  S.,  1871,  c.  11, 
§13. 


Persons  ap- 
pointed to 
make  com- 
plaint. 

Ibid.  §  14. 


convicted  of  such  offence,  shall  pay  a  fine  not  exceeding 
five  dollars.  It  shall  be  the  duty  of  the  school  committee 
or  town  supervisor  to  enforce  these  provisions. 

11.  A  tax  of  one  mill  per  dollar  is  hereby  annually  as- 
sessed upon  all  the  property  in  the  State  according  to  the 
valuation  thereof,  and  shall  be  known  as  the  mill  tax  for 
the  support  of  common  schools. 

12.  This  tax  shall  be  assessed  and  collected  in  the  same 
manner  as  other  state  taxes,  and  be  paid  into  the  state 
treasury  and  designated  as  the  school  mill  fund. 

13.  The  first  distribution  of  this  fund  shall  be  made 
July  first,  eighteen  hundred  and  seventy-three,  and  the 
same  month  annually  thereafter  by  the  state  treasurer  to 
the  several  cities,  towns  and  plantations  of  the  State  ac- 
cording to  the  number  of  scholars  in  each  city,  town  or 
plantation,  as  the  same  shall  appear  from  the  official  re- 
turn made  to  the  oflSce  of  the  state  superintendent  of 
common  schools  for  the  preceding  year. 

14.  All  and  every  portion  of  the  school  mill  fund  not 
distributed  or  expended  during  the  financial  year  shall  at 
the  close  of  each  financial  year  be  added  to  the  permanent 
school  fund. 

TRUANTS.  1 

15.  Towns  may  make  such  by-laws  not  repugnant  to 
the  laws  of  the  State,  concerning  habitual  truants,  and 
children  between  six  and  seventeen  years  of  age  not  at- 
tending school,  without  any  regular  or  lawful  occupation, 
and  growing  up  in  ignorance,  as  are  most  conducive  to 
their  welfare  and  the  good  order  of  society,  and  may  an-, 
nex  a  suitable  penalty  not  exceeding  twenty  dollars  for 
any  breach  thereof ;  but  said  by-laws  must  be  first  ap- 
proved by  a  judge  of  the  supreme  judicial  court. 

16.  Such  towns  shall  appoint  at  their  annual  meeting, 
one  or  more  persons,  who  alone  shall  make  complaints  for 
violations  of  said  by-laws  to  the  magistrate  having  juris- 
diction thereof  by  said  by-laws,  and  execute  his  judg- 
ments. 


1  Municipal  court  has  jurisdiction  over  offence  of  truancy. 
Wentworth,  65  Maine,  129. 


O'Malia  v. 


SCHOOLS.  433 

17.  Said  masiistrate,  in  place  of  the  fine  aforesaid,  may 

^  J^       ,  .  .  1   Truant  chil- 

order  children,  proved  to  be  growing  up  in  truancy,  and    dren  placed  in 

without  the  benefit  of  the  education  provided  for  them    suitable  insti- 

by  law,  to  be  ])laced  for  such  periods  of  time  as  he  thinks  ^,  , 

«      «    ^^^^-  §  In- 
expedient, in  the  institution  of  instruction,  house  of  ref- 
ormation, or  other  suitable  institution  provided  for  the 
purpose  under  the  authority  enforced  by  section  thirteen 
of  chapter  eleven  of  Revised  Statutes. 

THE    SCHOOL    COMMITTEE    OF   PORTLAND. 

18.  The  school!  committee  of  the  city  of  Portland  shall  Private  laws 
consist  of  the  mayor  of  said  city,  who  shall  be,  ex-officio,  school  com- 
chairman,  and  of  seven  other  persons  to  be  elected  as    mitteeof 
hereinafter  provided.  ^0^2^ 

19.  Members  of  the  school  committee  shall  be  residents 

of  the  city,  and  shall  be  elected  at  the  annual  election  for  To  be  residents 
municipal  oflScers,  by  a  plurality  of  the  ballots  cast  by  the    restricted  as 
qualified  electors  at  such  election.     They  shall  hold  their    towards. 
oflSce  for  the  term  of  two  years  from  the  time  they  are  ^^^-  5  2- 
elected,  and  shall  be  divided  into  classes  as  follows  :  three 
members  shall  be  elected  at  the  municipal  election  in  the 
year  eighteen  hundred  and  eighty-two,  to  fill  the  places  of 
those  whose  terms  expire  in  March  in  that  year,  and  four 
members  shall  be  elected  at  the  municipal  election  in  the 
year  eighteen  hundi-ed  and  eighty rthree,  to  fill  the  places 
of  those  whose  tenns  expire  in  March  of  that  year ;  and 
thereafter,  at  each  annual  election,  such  a  number  of 
members  shall  be  elected  as  shall  be  suflScient  to  fill  the 
places  of  those  whose  terms  shall  expire  in  that  year. 

20.  In  case  of  vacancy  in  said  board,  the  city  council  Vacancy,  how 
shall,  in  joint  convention,  elect  by  ballot,  some  person  to   ^^^^^' 

fill  the  ofl3ce  until  the  next  municipal  election,  when  some 
person  shall  be  elected  to  fill  the  unexpired  term.  So 
that  representation  and  election  by  wards  to  said  board  is 
hereby  abolished. 

21.  The  said  committee  shall  have  all  the  power,  and 
perform  all  the  duties  in  regard  to  the  care  and  manage- 

1  These  provisions  take  the  place  of  provisions  of  first  two  sections  of 
Private  Laws  of  1875,  c.  84.  This  act  of  1881  was  passed  to  abolish  the  ward 
system  of  selecting  S.  S.  Committee. 


434 


SCHOOLS. 


Powers  and 
duties  of 
school  com- 
mittee of 
Portland. 


Private  laws 
1875,  c.  84. 

Election  of  a 
superintend- 
ent. 

Salary. 


Estimates  to  be 
furnished 
city  council. 


No  compensa- 
tion. 


Powers  not 

specially  con- 
ferred vested 
in  city  council. 
Ibid. 

Certain  acts 

repealed. 
Ibid. 
Same  clause  in 

act  of  1881. 


School  com- 
mittee to  be 
sworn. 

R.  S.,  1871,c.  11, 
§52. 

School  com- 
mittee when 
first  chosen 
shall  arrange 
term  of  ofllce. 

Act  1880,  c.  171, 

E.S.,1871,c.ll, 
§53. 

Vacancies. 


ment  of  the  public  schools  of  said  city,  which  are  now 
conferred  and  imposed  upon  superintending  school  com- 
mittees by  the  laws  of  this  State,  except  as  otherwise  pro- 
vided in  this  act.  They  Shall  annually,  and  whenever 
there  is  a  vacancy,  elect  a  superintendent  of  schools  for 
the  current  municipal  year,  who  shall  have  the  care  and 
supervision  of  said  public  schools  under  their  direction, 
and  act  as  secretary  of  their  board  ;  they  shall  fix  his  sal- 
ery  at  the  time  of  his  election,  which  shall  not  be  increased 
during  the  year  for  which  he  is  elected,  except  by  consent 
of  said  city  council,  and  may  at  any  time  dismiss  him  if 
they  deem  it  proper  and  expedient.  They  shall  annually, 
as  soon  after  the  organization  of  their  board  as  practica- 
ble, furnish  to  said  city  council  an  estimate  in  detail  of 
the  several  sums  required  during  the  ensuing  municipal 
year  for  the  support  of  said  public  schools,  and  shall  not 
increase  the  salaries  of  the  superintendent  and  teachers, 
or  any  other  expenditures,  beyond  the  amounts  specified 
therefor  in  such  estimate,  except  by  consent  of  said  city 
council.  No  member  of  the  committee  shall  receive  any 
compensation  for  his  services. 

22.  All  powers,  obligations  and  duties  in  regard  to  said 
public  schools,  not  conferred  and  imposed  upon  said  com- 
mittee by  the  provisions  of  this  act,  shall  be  and  are 
hereby  vested  in  the  city  council  of  said  city. 

23.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  herein  contained,  as  far  as  the  city  of  Portland 
is  concerned,  are  hereby  repealed. 

GENERAL  POWERS   AND   DUTIES   OF  SUPERINTENDING   SCHOOL 
COMMITTEES. 

24.  Members  of  superintending  school  committees  and 
supervisors  shall  be  duly  sworn. 

25.  Superintending  school  committees,  at  their  first 
meeting  shall  designate  by  lot  one  of  their  number  to 
hold  office  three  years,  and  another  two  years,  and 
certify  such  designation  to  the  town  clerk,  to  be  by 
him  recorded.  The  third  member  shall  hold  office  one 
year ;  and  each  member  elected  to  fill  the  place  of  one 
whose  term  expires,  shall  hold  office  three  years.     They 


SCHOOLS.  435 

shall  fill  all  vacancies  in  their  number  until  the  next 
annual  town  meeting.  Two  members  constitute  a  quo- 
rum ;  i)ut  if  there  is  but  one  in  office,  he  may  fill  va- 
cancies ;  provided,  however,  that  if  the  one  thus  remain- 
ing in  oflEice  shall  decline  or  neglect  to  fill  the  vacancies 
existing  in  the  board,  the  municipal  officers  shall  fill  said 
vacancies.  The  municipal  officers  shall  fill  all  vacancies 
arising  in  the  office  of  supervisor  until  the  next  annual 
election. 

DUTIES    OF   SUPERINTENDING   SCHOOL    COMMITTEES. 

26.  Superintending   school   committees   shall   perform 
the  following  duties : 

First.— They  shall  appoint  suitable  times  and  places  ^'^hooi^Com^'' 
for  the  examination  of  candidates  proposing  to  teach  in    r.  s.,  1871,  c. 
town,  and  give  notice  thereof  by  posting  the  same  in  two    ^^'^  ^• 

,  ,.        ,  .  ,  .       ,  1  ,  ,       Appoint  time 

or  more  public  places  within  the  town  at  least  three  weeks  and  place  for 
before  the  time  of  said  examination,  or  the  publication  examination 
for  a  like  length  of  time  of  said  notice  in  one  or  more  of 
the  county  newspapers  having  the  largest  circulation  in 
the  county.  They^  shall  employ  teachers  for  the  several 
districts  in  the  town,  and  notify  the  several  school  agents 
of  the  teachers  employed  and  the  compensation  agreed  to 
be  paid ;  and  in  the  absence  of  any  agreement  to  the  con- 
trary, five  and  one-half  days  shall  constitute  the  school 
week,  and  four  weeks  shall  constitute  a  school  month. 

Second. — On    satisfactory   evidence   that   a   candidate 
possesses   a   good   moral  character,  and   a  temper  and  School  week 
disposition  suitable  to  be  an  instructor  of  youth,  they    ^°  ™°^   * 
shall  examine  him  in  reading,  spelling,  English  grammar,  Examine  can- 
geography,  history,  arithmetic,  book-keeping  and  physi-    instructors, 
ology  and  other  branches  as  they  may  desire  to  introduce  Act  1873,  c.  120. 
into  public  schools,   and  particularly  in  the  school  for 
which  he  is  examined,  and  also  as  to  capacity  for  the 
government  thereof. 

^  Prior  to  statute  of  1870,  c.  85,  the  power  of  employing  teachers  was  vested 
in  the  district  agent. 


436 


SCHOOLS. 


Give  certifi- 
cates to 
teachiers. 

Act  1871,  c.  215. 


Examine 
scliools. 


May  dismiss 
teachers  for 
sufficient 
cause. 


Third. — They^  shall  give  to  each  candidate  found  com- 
petent, a  certificate  that  he  is  qualified  to  govern  said 
school,  and  instruct  in  the  branches  above  name(|,  and 
such  other  branches  as  are  necessary  to  be  taught  therein 
or  may  render  valid  by  indorsement  any  graded  certifi- 
cates issued  to  teachers  by  normal  school  principals, 
county  supervisors,  or  state  superintendent  of  common 
schools. 

Fourth. — ^Direct^  the  general  course  of  instruction,  and 
select  a  uniform  system  of  text  books,  due  notice  of 
which  shall  be  given  ;  and  any  text-book  thus  introduced, 
shall  not  be  changed  for  five  years  thereafter  unless  by  a 
vote  of  the  town,  and  any  person  violating  the  provisions 
hereof  shall  be  punished  by  fine  not  exceeding  five 
hundred  dollars,  to  be  recovered  in  an  action  of  debt  by 
any  school  oflScer  or  person  aggrieved.  And  when  said 
committee  has  made  such  selection  of  school  books,  they 
may  contract,  under  section  six,  with  the  publishers  for 
the  purchase  and  delivery  thereof ;  make  such  rules  as 
they  deem  effectual  for  their  preservation  and  return ; 
or  if  they  are  kept  for  sale,  may  regulate  the  sale  and 
appoint  an  agent  to  keep  and  sell  them,  fix  the  retail 
price  which  shall  be  marked  on  the  title  page  of  each 
book. 

Fifth. — Examine  the  several  schools,  and  inquire  into 
the  regulations  and  discipline  thereof,  and  the  proficiency 
of  the  scholars  therein,  for  which  purpose  one  or  more  of 
the  committee  shall  visit  each  school  at  least  twice  in 
summer,  and  twice  in  winter,  and  use  their  influence  to 
secure  the  regular  attendance  at  school  of  the  youth  in 
their  town. 

Sixth. — After  due  notice  and  investigation,^  they  shall 
dismiss  any  teacher,  although  having  the  requisite  certifi- 
cate, who  is  found  incapable  or  unfit  to  teach,  or  whose 
services  they  deem  unprofitable  to  the  school,  and  give 


1  See  R.  S.,  1871,  c.  11,  §  65.     Jose  v.  Moulton,  37  Maine,  367;  Jackson  v. 
Hampden,  20  Maine,  37. 

2  Donaliue  v.  Ricliards,  38  Maine,  376. 

8  Jackson  v.  Hampden,  20  Maine,  37  supra;  Jackson  v.  Hampden,  16  Maine, 
184. 


SCHOOLS.  437 

to  said  teacher  a  certificate  of  dismissal  and  of  the  reasons  Give  certificate 
therefor,  a  copy  of  which  they  shall  retain,  and  immedi-    in  such  cases, 
ately  notify  the  district  agent  of  such  dismissal,  which 
shall  not  deprive  the  teacher  of  compensation  for  previous  . 
services.  • 

Seventh. — Expel  from  a  school  any  obstinately  disobe-  May  expel 
dient  and  disorderly  scholar,  after  a  proper  investigation    gchoiars  ^ 
of  his  behavior,  if  found  necessary  for  the  peace  and  use- 
fulness of   the  school,  and  restore  him  on  satisfactory 
evidence  of  his  repentance  and  amendment. 

Eighth. — Exclude  from  the  public  schools,  if  they  deem  May  expel 
expedient,    any   person   who   is   not  vaccinated,  though    vaccinated, 
otherwise  entitled  by  law  to  admission  thereto. 

Ninth. — Direct  or  approve  in  writing  the  expenditure  Direct expendi- 
of  school  money  apportioned  to  inhabitants  not  included    ^^'^^' 
in  any  district. 

Tenth. — Prescribe  the  sum,  on  the  payment  of  which  Prescribe  sums 
persons  of  the  required  age  resident  on  territory,  the  ju-    to  be  paid  in 
risdiction  of  which  has  been  ceded  to  the  United  States,    certain  cases, 
included  in  or  surrounded  by  a  school  district,  shall  be 
entitled  to  attend  school  in  such  district ;  and  when  such 
territory  adjoins  two  or  more  districts,  they  shall  desig- 
nate the  one  where  they  may  attend. 

Eleventh. — Determine  what  description  of  scholars  shall  May  classify 

attend  each  school,  classify  them,  and  transfer  them  from  see  §§37  and 38. 

school  to  school,  in  districts  where  more  than  one  school   Samec.ofR.s. 

is  kept  at  the  same  time,  and  no  district  committee  is 

elected.    And  may  authorize  the  admission  of  scholars  in 

one  district  into  the  schools  of  another  district. 

Tv:elfih. — At  the  annual  town  meetina:,  they  shall  make  To  make 

annual  report 
a  written  report  of  the  condition  of  the  schools  for  the 

past  year,  the  proficiency  made  by  the  pupils,  and  the  ^c^'^arch^iJ. 

success  attending  the  modes  of  instruction  and  govern-    isei. 

ment   of  the  teachers ;    and  they  shall  transmit  a  copy 

thereof  to  the  superintendent  of  common  schools. 

27.  They  shall  annually  make  out  a  statement,  contain-  shall  make 
.,       -  „       .  ^-1  annual state- 

mg  the  following  particulars  :  ment. 

First. — The  amount  of  money  raised  and  expended  for  ibid.  §  55. 

the  support  of  schools,  designating  what  part  is  raised  by  Partictiiars. 


438  SCHOOLS. 

taxes,  and  what  part  from  other  funds,  and  how  such  funds 
accrued. 

Second. — The  number  of  school  districts,  and  parts  of 
districts  in  their  town. 

Third. — The  number  of  children  between  four  and 
twenty-one  years  of  age,  belonging  to  their  town  in  each 
district,  on  the  first  day  of  April  preceding. 

.  Fourth. — The  number  of  such  children  who  reside  on 
islands,  or  in  any  other  part  of  the  town  not  in  any  dis- 
trict. 

Fifth. — The  whole  number,  and  the  average  number  of 
scholars  attending  the  summer  schools ;  the  whole  num- 
Act  1873,  c.  134.  her,  and  the  average  number  of  scholars  attending  the 
winter  schools,  and  also  the  total  number  of  different 
scholars  attending  school  two  weeks  or  more  of  the  pre- 
ceding year  as  shall  appear  from  teachers'  registers  return- 
able to  said  officers,  agreeably  to  section  sixty -three, 
chapter  eleven  of  the  Revised  Statutes. 

Sixth. — The  average  length  of  the  summer  schools  in 
weeks  ;  the  average  length  of  the  winter  schools  in  weeks  ; 
the  average  length  of  the  schools  for  the  year. 

Seventh. — The  number  of  male  teachers  and  the  num- 
ber of  female  teachers  employed  in  the  public  schools 
during  any  part  of  the  year. 

Eighth. — The  wages  of  male  teachers  per  month,  and 
the  wages  of  female  teachers  per  week,  exclusive  of 
board. 

Ninth. — They  shall  give  in  their  returns  the  number  of 
scholars  as  they  existed  on  the  first  day  of  April  next 
preceding  the  time  of  making  said  returns,  and  full  and 
complete  answers  to  the  inquiries  contained  in  the  blank 
forms  furnished  them  under  the  provisions  of  law  ;  certify 
that  such  statement  is  true  and  correct,  according  to 
their  best  knowledge  and  belief ;  and  transmit  it  to  the 
office  of  the  superintendent  of  common  schools,  on  or  be- 
fore the  first  day  of  May  in  each  year.  When,  by  reason 
of  removal,  resignation  or  death,  but  one  member  of  the 
committee  remains,  he  shall  make  said  returns. 


SCHOOLS.  439 

28.  "WTien  school  district  agents  are  empowered  by  the  Act  1872,  c.  87. 
town  to  employ  teachers  before  the  commencement  of  a  Agents  author- 

-        ,       ,       ,  1     11      •  •  •  ized  to  employ 

term  of  school,  they  shall  give  written  notice  to  some  teachers  to 

member  of  the  superintending  school  committee  or  to  the  notify  school 

supervisor,  when  it  is  to  commence,  whether  to  be  taught  gchooiisto 

by  a  master  or  mistress,  and  how  long  it  is  expected  to  commence,&c. 
continue.     A  town  at  its  annual  meeting  may  empower 

the  school  district  agents  to  employ  the  teachers,  instead  ^^Tbe  ^^^^ 

of  the  superintending  school  committee,  and  when  such  authorized  to 

power  is  so  granted  to  said  agents  it  shall  remain  in  force  ^'^p^*^^'- 
until  it  is  otherwise  ordered  by  a  vote  of  the  town  at  its 
annual  meeting,  and  this  act  is  in  force  when  approved. 

29.  Each  school  agent  shaU  return  to  the  superintend-  ^^3^434^  ^g 
ing  school  committee,  in  the  month  of  April,  annually,  a  tum  lists  of 
certified  list  of  the  names  and  ages  of  all  persons  in  his  Persons  from 

,.       .        ,  ^  ,  .        ,  4  to  21  years 

district,  from  four  to  twenty-one  years,  as  they  existed  on    of  age  to  s.  s. 
the  first  day  of  said  month,  leaving  out  of  said  enumera-    Committee, 
tion,  all  persons. coming  from  other  places  to  attend  any     '  j'    ' '^"    ' 
college  or  aciidemy,  or  to  labor  in  any  factory,  or  at  any 
manufacturing  or  other  business. 

'3t).  If  an}"  school  agent  neglects  to  return  the  scholars  jf  agent  neg- 
of  his  district,  the  superintending  school  committee  shall,    lects,  s.  s. 
under  oath,  immediately  make  such  enumeration  in  such    ^^^^  enumer- 
district  and  be  paid  a  reasonable  sum  therefor,  to  be    aUon  of  schoi- 
taken  from  the  amount  to  be  apportioned  to  the  district  of  ^^^'  ^^^^     ^^ 
such  delinquent  agent.  The  superintending  school  commit-    §  56,  i876,  c.  U2 
tee  shall  return  to  the  assessors  on  or  before  the  fifteenth  Committee  to 
day  of  May,  annually,  under  oath,  the  number  of  scholars  in    of  list  of 
each  school  district,  according  to  the  enumeration  provi-    scholars  in 
ded  for  in  sections  fifty-six,  sixty  and  sixty-one,  chapter    ^^  asses'sors. 
eleven  Revised  Statutes  of  1871.  R.  s.,i87i,c.ii, 

31.  If  any  parent,  master  or  guardian,  after  notice    ^^^' 
from  the  teacher  of  a  school  that  a  child  under  his  care  is    j'™™^"^®  ^ 

furnish  books, 

deficient  of  the  necessary  school  books,  refuses  or  neglects    if  parents  or 
to  furnish  such  child  with  the  books  required,  the  super-    ^^^^^^^^ 
intending  school  committee,  on  being  notified  thereof  by  ii,if].  §5^. 
the  teacher,  shall  furnish  them  at  the  expense  of  the  town  ; 
and  such  expense  may  be  added  to  the  next  town  tax  of 
the  parent,  master  or  guardian. 

27 


440 


SCHOOLS. 


Compensation 
for  sup.  sch. 
com.  and 

supervisors. 

Ibid.  §  59. 


Act  1876,  c.  68. 

Assessors  or 
municipal 
oflBLcers  to 
make  sworn 
statement  to 

.S,tateSupt. 


32.  Superintending  school  committees  and  supervisors 
shall  be  paid  for  their  services,  on  satisfying  the  munici- 
pal officers  that  they  have  made  the  returns  to  the  secre- 
tary of  State  required  by  law,  one  dollar  and  fifty  cents  a 
day  and  all  necessary  traveling  expenses,  and  no  more 
unless  ordered  by  the  town. 

33.  The  assessors  or  municipal  officers  of  each  city, 
town  or  plantation,  shall,  on  or  before  the  first  day  of 
May  in  each  year,  make  to  the  State  superintendent  of 
common  schools,  a  certificate  under  oath  embracing  the 
following  items : 

First.  The  amount  of  money  voted  by  the  town  for 
common  schools  at  the  last  preceding  annual  meeting. 

Second.  The  amount  of  school  moneys  payable  to  the 
town  from  the  State  treasury  during  the  last  school  year, 
meaning  by  the  school  year,  the  year  ending  with  the  first 
day  of  April. 

Third.  ^The  amount  of  moneys  actually  expended  for 
common  schools  during  the  last  school  year. 

Fourth.  The  amount  of  school  moneys  unexpended, 
whether  in  the  town  treasury  or  in  the  hands  of  district 


Duty  of  State 
Supt.  in  above 
matter. 


Fifth.  Answers  to  such  other  inquiries  as  may  be 
presented  to  secure  a  full  and  complete  statement  of 
school  revenues  and  school  expenditures. 

34.  It  shall  be  the  duty  of  the  State  superintendent  of 
common  schools  to  prepare  and  furnish  to  the  town  offi- 
cers such  blanks  as  he  may  deem  proper  to  secure  the 
fiscal  returns  required  in  section  one  of  this  act.  And 
furthermore  it  shall  be  the  duty  of  the  said  superinten- 
dent to  return  to  the  State  treasurer  on  the  first  day  of 
July  annually,  a  list  of  such  towns  as  have  made  the 
fiscal  returns  required  by  section  one  of  this  act,  and 
no  school  moneys  shall  be  paid  by  the  State  treasurer  to 
any  town,  so  long  as  it  neglects  to  make  such  fiscal 
returns. 


DUTIES    AND    QUALIFICATIONS    OF   INSTRUCTORS. 

35.  Every  teacher  of  a  public  school  shall  keep  a  school 

the  scholars  who 


Teachers  to 
keep  school 

register.  register  containing  the  names  of 

R.  S.,1871,  c.  11,  1        1       1     • 

§63.  enter  the  school,  their  ages,  the  date  of  each  scholar's 


all 


SCHOOLS.  441 

enteriog  and  leaving,  the  number  of  days  each  attended, 

the  length  of  the  school,  the  teacher's  wages,  a  list  of 

text  books  used,  and  all  other  facts  required  by  the  blank 

form  furnished  under  the  provisions  of  law  ;  such  register 

shall  at  all  times  be  open  to  the  inspection  of  the  school 

committee,  and  be  returned  to  them  at  the  close  of  the 

school.     No  teacher  shall  be  entitled  to  pay  for  his  ser-  Not  to  be  paid 

vices,  until  the  register  of  his  school  properly  filled  up,    ^^^j^^T^^ 

completed,  and  signed,  is  deposited  with  the  school  com-   , 

mittee  or  with  a  person  designated  by  them  to  receive  it. 

36.  The  presidents,  professors,  and  tutors  of  colleges, 

the  preceptors  and  teachers  of  academies,  and  all  other  instructors  of 
instructors  of  youth,  in  public  or  private  institutions,  siiSil    colleges,  &c., 
use  their  best  endeavors  to  impress  on  the  minds  of  the    morality,  jus- 
children  and  youth  committed  to  their  care  and  instruc-    tice  and  pat- 
tion,  the  principles  of  morality  and  justice,  and  a  sacred      °  ^™' 
regard  for  truth ;  love  of  country,  humanity,  and  a  uni- 
versal  benevolence  ;    sobriety,   industry,   and  frugality ; 
chastity,   moderation,  and  temperance ;     and   all   other 
virtues,  which  are  the  ornaments  of  human  society  ;  and 
to  lead  those  under  their  care,  as  their  ages  and  capacities 
admit,  into  a  particular  understanding  of  the  tendency  of 
such  virtues  to  preserve  and  perfect  a  republican  consti- 
tution, and  secure  the  blessings  of  liberty,  and  promote 
their  future  happiness  ;  and  the  tendency  of  the  opposite 
vices  to  slavery,  degredation,  and  ruin. 

37.  If  any  person,'*  whether  he  is  a  scholar  or  not,  en- 
ters any  school-house  or  other  place  of  instruction  during 

or  out  of  school  hours,  while  the  teacher  or  any  pupil  is    t^g^^ing 
there,  and  wilfully  interrupts  or  disturbs  the  teacher  or    schools. 
pupils  by  loud  speaking,  rude  or  indecent  behavior,  signs,  n>id.  §89.. 
or  gestures ;  or  wilfully  interrupts  a  school  by  prowling 
about  the  building,  making  noises,  throwing  missiles  at 
the  school-house,  or  in  any  way  disturbing  the  school,  he 
shall  forfeit  not  less  than  two,  nor  more  than  twenty  dol- 
lars to  be  recovered  as  provided  in  chapter  eleven.  Re- 
vised Statues. 

38.  If  a  minor  injures  or  aids  in  injuring  any  school- 
house,  out-buildings,  utensils  or  appurtenances  belonging 

*  Stevens  v.  Fassett,  27  Maine,  266;  State  v.  Leighton,  35  Maine,  195. 


Act  of  1874, 
C.  165. 


442  SCHOOLS. 

thereto :  defaces  the  walls,  benches,  seats,  or  other  parts 

PftTGnts  or 
guardians        of  saicl  buildings  by  marks,  cuts  or  otherwise  ;  or  injures 

liable.  Qj,  (destroys  any  property  belonging  to  a  school  district, 

Ibid.  §  90.  ^^^^  district  by  its  agent  or  committee,  may  recover  of 

his  parent  or  guardian,  in  an  action  of  debt,  double  the 
amount  of  damages  occasioned  thereby. 

39.  Whoever  shall  deface  the  walls,  benches,   seats, 
blackboards,  or  other  parts  of  any  school-house  or  out- 
buildings belonging  thereto,  by  making  thereon  obscene 
pictures,  marks  or  descriptions,  or  by  writing  thereon  ob- 
defachig^^       scene  language,  shall  be  punished  by  fine  not  exceeding 
school-houses,  ten  dollars  ;  and  municipal  and  police  courts  and  trial  jus- 
tices shall  have  jurisdiction  thereof  on  complaint  made 
within  one  year  after  commission  of  the  offence. 
,  ,,         ,       40.  If  an  innholder,  confectioner,  or  keeper  of  a  shop, 

Innholders  and  '  '  ^     _  '^  ' 

shopkeepers,  boarding  house,  or  livery  stable,  gives  credit  for  food, 

&c.,  not  to  drink,  or  horse  or  carriage  hire  to  any  pupil  of  a  college 

students  or  literary  institution  in  violation  of  its  rules,  or  without 

K.  s.,  c.  ii,§95.  the  consent  of  its  president  or  other  officer  authorized 

For  all  general  thereto  by  its  government,  he  shall  forfeit  a  sum  equal  to 

reiating^o  the  amount  so  credited,  whether  it  has  been  paid  or  not, 

schools  eee  ,to  be  recovered  in  an  action  of  debt  by  the  treasurer  of 

*   ''  '    *  such  institution,  half  to  its  use,  and  half  to  the  use  of  the 

For  acts  reiat-  town  where  it  is  located  ;  and  no  person  shall  be  licensed 

ill  ST  to  free 

high  schools,    by  the  municipal  officers  for  any  of  said  employments,  if 
.  See  1873,  c.  115,  it  appears  that  within  the  preceding  year  he  had  given 

credit  contrary  to  the  provisions  hereof. 
"  In  relation  to         '^^'  ^^^^S  the  exercises  of  the  public  schools,  shall  be 
school  exer-     the  reading  of  the  constitution  of  the  United  States  and 
cisesand         ^^^  constitution  of  the  State  of  Maine,  as  often  as  once 

examina-  ' 

tions.  in  each  term,  by  every  scholar  who  has  attained  the  age 

Resolve  of        Qf  fourteen  years,  either  singly  or  in  connection  with  a 

0.213.  '  '  class,  and  that  each  scholar  shall  pass  an  examination  at 
the  close  of  each  term,  in  the  presence  of  the  visiting 
superintending  school  committee  or  supervisor,  on  the 
first,  eighth  and  thirteenth  articles  of  amendments  of  the 
constitution  of  the  United  States  and  on  article  first  of 
the  constitution  of  Maine.  And  it  shall  be  the  duty  of 
the  teachers  and  of  the  superintending  school  committee 
or  supervisor,  in  each  town,  to  see  that  the  requirements 
of  the  above  resolve  are  carried  into  effect. 


SCHOOLS.  443 

Ordinances. 

1.  The  school  committee  are  authorized  to  elect  all  school  com- 
such  instructors  as  they  may  think  necessary  for  the   ""^"^®  ^  ®^®^' 

'J  >}  *>  ^       and  remove 

public  schools,  and  to  determine  the  amount  of  their   instructors, 

,      .  ,  .  •      i        J.  and  determine 

respective  salaries ;  also   to  remove   any   instructor   ^^^^^  salaries, 
from  said  schools,  when  in  their  discretion  it  may  be    *c. 
proper ;  and  generally  to  execute  all  the  powers  which  ^^-  ^^^-  ^^• 
the  selectmen   of  towns   or   school  committees   are 
authorized  by  the  laws  of  this  State  to  exercise. 

2.  The  school  committee  are  authorized  to  distribute  ^         ^ 

To  apportion 

the  annual  sum  which  shall  be  appropriated  by  the  salaries  of 

city  council  for  salaries  of  instructors  in  the  public  as  not  to  ^^'^'^ 

schools,  fixing  the  salary  of  each  instructor  in  accord-  exeeedtheap- 

ance   with   the   specifications  of  said  committee  on  made  by  city 

which  the  ao^orreo^ate  amount  of  salaries  may  have  been  council. 

^'^     ^  "^  n)id. 

predicated,  and  on  which  the  appropriations  shall  have 
been  made  by  said  city  council. 

3.  No  person  who  has  not  been  vaccinated  or  other-  ^va^Slt^d 

1  .       ,  jL       '  ^  ^^  r    n     not  pennitted 

Wise  secured  against  any  contagion  of  small  pox,  shall   to  attend  pub- 
be  permitted  to  attend  any  of  the  city  schools.  i^jid. 

4.  The  school  committee  may  cause  any  scholar  of  school  com- 
any  of  the  city  schools  to  be  vaccinated  by  the  city   ^'^e^ciSars 
physician,  at  the  expense  of  the  city ;  and  it  shall  be    tobevacci- 
their  duty  to  carry  into  effect  the  provisions  of  this   expense  of 
and  the  preceding  section,  and  for  that  purpose  to  ^1^' 
make  such  rules  and  regulations  as  they  may  deem 

proper.  Children  be- 

TRUANTS .  tween  the  ages 

5.  All  children  between  the  ages  of  six  and  seven-   ^yenteen, 
teen  years,  residintj  in  the  city  of  Portland,  without   required  to 

attend  school 

any  regular  and  lawful   occupation,  growing  up  in  unless,  &c. 
ignorance,  shall  be  required,  unless   there  be  some  ^^-  ^rd-  ^^• 
sufficient  reason  to   the   contrary,   to   attend   some 
public  or  private  school,  or  suitable  place  of  instruc-  punishment 

tion .  for  not  attend- 

6.  Every  child  in  the  city  of  Portland  between  the  j/|^^^ 
ages  of  six  and. seventeen  years,  who  shall  not  attend 


444  SCHOOLS. 

school,  and  not  be  engaged  in  any  regular  and  lawful 
occupation,  and  growing  up  in  ignorance,  shall  be 
punished  by  a  fine  not  exceeding  twenty  dollars,  to  be 
recovered  to  the  use  of  the  city,  on  complaint  before 
the^  municipal  court  in  said  Portland,  or  by  being 
placed  in  the  house  of  correction  in  said  city,  for  such 
period  of  time  as  the  judge  of  said  court  may  deem 

Truant  Officer     expedient. 

tobeap-  7.  The  city  council  of  the  city  of  Portland  shall 

pointed.  n  .  i         i 

Ibid,  annually  appomt  one  or  more  persons,  who  alone  are 

Amended  1878,  authorized  to  make  the  complaints  as  specified  in  this 

^^^'  ordinance,  but  durino^  the  months  of  July  and  Auo^ust 

Duty.  '  o  JO 

such  person  or  persons  may,  with  the  concurrence  of 
the  mayor  and  aldermen,  be  appointed  to  such  special 
police  duty  as  may  be  required,  at  such  compensation 
as  they  may  ^x.  It  shall  be  their  duty  during  the 
session  of  the  schools  to  report  daily  at  the  office  of 
the  superintendent  of  schools  between  the  hours  of 
8  and  9  A.  M,  to  receive  the  names  of  truants  and 
such  other  information  and  instruction  as  may  be 
necessary,  and  it  shall  be  their  duty  to  arrest  all  such 
children  as  are  described  in  the  first,  fourth,  fifth  and 
sixth  sections  of  this  ordinance,  who  may  be  found 
during  school  hours  in  any  of  the  streets,  alleys,  lanes, 
squares,  or  other  public  places  of  resort  or  amuse- 
ment, and  to  take  them  to  such  schools  as  they  are 
accustomed  or  entitled  to  attend,  where  they  shall  be 
detained  during  school  hours  by  the  teacher  thereof, 
and  written ''notice  of  such  arrest  and  detention  shall 
be  forthwith  sent  to  the  parent  or  guardian  of  such 
child  by  the  officer  by  whom  the  arrest  is  made,  and 
every  child  who  shall  have  been  three  times  thus 
arrested  shall  be  proceeded  against  by  complaint  as  an 
habitual  truant. 


8  See  post  §  10,  also  R.  S.,  1871,  c.  142,  §  9.    Boys  cannot  be  sent  to  Reform 
School  beyond  minority. 


SCHOOLS.  445 

8.  The  house  of  coiTection  connected  with  the  alms  what  provided 
house,  in  the  city  of  Portland,  or  State  reform  school,    p^cesof  pun- 
is  hereby  assigned  and  provided  as  the  institution  of  ishment. 
instruction,  house   of  reformation  or  other  suitable 
situation,  mentioned   in   section   fourteen  of  chapter 

eleven  of  the  revised  statutes. 

9.  Every  child  in  the  city  of  Portland,  between  the 

aores  of  eiofht  and  sixteen  years,  who  shall  become  an  Hawtuaitru- 

^  ^  ^  '  ants,  how 

habitual  truant,  shall  be  punished  by  a  fine  not  exceed-   punished. 

ing  twenty  dollars,  to  be  recovered  to  the  use  of  the  i^^^. 

city,  on  complaint  before  the  municipal  court  of  said  g^^  jj  g^  j^j^ 

Portland,  or  by  being  placed  in  the  house  of  correc-   c- 142,  §  9. 

tion,  in  said  city,  or  State  reform  school,  for  such 

period  of  time  as  the  judge  of  said  court  may  deem 

expedient. 

10.  Every  child  in  the  city  of  Portland,  between  the  children  be- 
ages  of  eight  and  sixteen  years,  who  shall  not  attend   tweentheage$ 
school,  and  not  be  engaged  in  any  regular  and  lawful   sixteen  not 
occupation,  and  srowino^  up  in  isfnorance,  shall  be   amending 

,  C5  C3       1  ._.  school,  how 

punished  by  a  fine  not  exceeding  twenty  dollars,  to  be   punished. 
recovered  to  the  use  of  the  city,  on  complaint  before  i^^^, 
the  municipal  court,  in  said  city,  or  by  being  placed 
in  the  house  of  correction  in  said  city,  or  the  State 
reform  school,  for  such  period  of  time  as  the  judge 
pf  said  court  may  deem  expedient.^ 

SCHOOL   BUILDING   SLT»ERINTEXDEXT. 

11.  There  shall  be  annually  elected  by  the  city  school  huud- 
council  an  officer  to  be  called  the  superintendent  of  gupe^tend- 
public  schooj  buildings  at  such  salary  as  may  be  fixed  ent. 

by  the  city  council.     He  shall  have  an  office  in  the 
city  building  and  shall  be  in  attendance  at  his  office   1877. 
dunng  at  least  two  fixed  hours  on  each  secular  day.    ^i^-  §  2. 

12.  He  shall  have  the  care  of  the  public  school 
buildings,  and  under  the  direction  of  the  committee 
on   public   buildings,   and  out  of  the  appropriation 

«  Supra,  §  7,  and  E.  S.,  1871,  c.  1^,  §  9,  and  c.  11,  §  15. 


446 


SCHOOLS. 


Ibid.  §  3. 


made  therefor  shall  make  all  necessary  repairs  to  said 
school  buildings,  making  no  contract  therefor  exceed- 
ing twenty-five  dollars  without  the  order  of  said  com- 
mittee on  public  building  and  attend  to  the  heating 
of  the  same  and  see  that  the  janitors  employed  do 
their  duty  in  all  respects. 

13.  Under  the  direction  of  the  schoool  committee 
and  out  of  the  appropriations  made  therefor  he  shall 
attend  to  furnishing  the  schools  by  contract  awarded 
to  the  lowest  bidder  with  stationery  and  schools 
apparatus  and  ordinary  school  supplies  needed  for  the 
use  of  the  schools,  and  shall  report  to  that  committee 
as  well  as  to  the  committee  on  public  buildings  the 
condition  of  the  school  buildings,  and  also  report  to 
the  school  committee  such  articles  as  are  needed  for 
the  use  of  the  schools.  He  shall  keep  separate 
accounts  with  each  school  of  all  expenditures  for 
repairs,  and  also  for  articles  furnished,  and  at  the  end 
of  each  school  term  he  shall  make  inspection  and  shall 
return  to  the  school  committee  an  account  of  all 
property  belonging  to  the  city  in  each  school  room. 

14.  All  bills  for  the  care,  repairs  and  heating  of  the 
school  buildings  before  payment  shall  be  approved  by 
the  committee  on  public  buildings,  and  all  bills  for 
supplies  and  articles  furnished  the  schools  before  pay- 
ment, shall  be  approved^  by  the  school  committee, 
and  finally  both  classes  of  bills  shall  be  audited  and 
approved  according  to  law  by  the  board  of  mayor 
and  aldermen. 

15.  Children  non-residents  of  Portlatid,  may  be 
admitted  to  the  public  schools  of  this  city  under  such 
rules  as  the  school  committee  may  prescribe,  when  in 
the  opinion  of  said  committee  it  may  be  done  with- 

under  rules  of  out  prejudice  to  the  schools  to  which  admission  is 

school  com-  T    •       1 

mittee.  Solicited,  on  the  payment  quarterly  in  advance  to  the 

ora.oct.5,1880.  Qj^-y  Treasurer  of  a  tuition  to  be  fixed  by  school  com- 


Ibid,  §  4. 


Non-resident 
children  may 
be  admitted 
into  school 


SCHOOLS.  447 

mittee,  not  less  than  the  average  cost  to  the  city  per 
scholar  for  tuition,  and  incidentals  in  schools  of  the 
same  grade.  Children  residents  of  this  city  whose 
parents  remove  from  one  school  district  to  another 
during  school  time,  shall  be  allowed  to  elect  which 
school  they  will  attend  until  the  next  vacation. 


Seal  of  the  City/ 


Ordinance. 
Seal  of  the  city. 

Seal  of  the  city.      The  design  hereto  annexed  shall  be  the  device  of 
Rev. Ord.  1868.  the  citv  Seal;  and  the  motto  shall  be  as  follows,  to 
wit: — ^^ Besurgam,  SigiUum  Civitatis  Portlandioe." 


\  Where  a  corporation  makes  a  contract  through  an  agent,  who  puts  to  it 
a  seal,  it  becomes,  hy  law,  the  seal  of  the  corporation,  though  it  is  not  their 
common  seal.  Porter  v.  A.  and  K.  R.  R.  Co.,  37  Maine,  349.  Bonds  issued 
by  corporation,  impi^essed  with  a  seal,  declared  to  be  sealed,  accepted  as 
such,  are  deemed  to  be  under  the  corporate  seal.  Woodman  v.  York  and 
Cumb.  R.  R.,  50  Maine,  549.  A  scroll  is  not  a  seal,  McLaughlin  v.  Randall, 
66  Maine,  226.    A  wafer  may  be  a  seal.  State  v.  McNally,  34  Maine,  210. 


Sewers. 


[See  chapter  on  "Drains  axd  Sewers,"  City  Charter;  also 
Revised  Statutes,  1871,  c.  16.] 


Side^^alks. 


[See  title,  "  Streets."] 


Sinking  Fund. 


Ordinances.  .  ^ 

1.  Committee  on  reduction  of  city  debt. 

2.  Appropriations  for  the  payment  of  city  debt. 

3.  Duty  of  auditor. 

4.  Committee  inay  loan  to  city  treasurer. 

Committee  on        1.  The  mayor,  the  chairman  of  the  board  of  alder- 
reduction  of     j^^j^  ^^^  ^^le  president  of  the  common  council,  shall 

city  debt.  .     ^  . 

ord.  July  1,      ^c  a  Committee  to  be  called  the  committee  on  reduc- 
1861,  and  Rev.  ^jqjj  ^f  j^^^q  ^.^^y  (Jebt,  whosc  dutv  it  shall  be  to  cause 

Ord.  1868.  "^  '  *^ 

all  moneys  passed  to  their  credit  in  the  books  of  the 
auditor  of  accounts,  to  be  applied  to  the  purchase  or 
payment  of  the  capital  of  the  debt  of  the  city,  in  the 
manner  they  may  from  time  to  time  deem  expedient ; 
and  it  shall  be  the  duty  of  the  auditor,  and  of  the 
treasurer  of  the  city,  to  conform  to  all  orders  in  writ- 
ing in  this  respect,  which  shall  be  made  and  signed 
by  all  the  members  of  said  committee. 

2.  All  balances  of  money  unappropriated  remaining 
Appropria-       in  the  U'easury  at. the  end  of  any  financial  year;  all 

tionsforpay-  ^.  ,-,  •    •      i       .♦        j.    j  • 

ment  of  city    ^xcesscs  01  lucomc  over  the  original  estimated  income  ; 

<^ebt.  all  balances  of  appropriations  original,  or  by  additions 

^Tamlndecf  ^'  I'emaining  on  the  books  of  the  auditor ;  all  receipts 

by  Ord.  March  for   premiums  on  city  notes  issued,   all  receipts  in 

money  on  account  of  the  sale  of  any  real  estate  of  any 

description  now  belonging  or  which  may  hereafter 

belong  to  the  city  excepting  the  sale  of  burial  lots  in 

See  also  Ord.    ^^®  Cemeteries  of  the  city,  all  receipts  on  account  of 

Aug. 7, 1878,     the  principal  sum  of  any  stocks,  bond*  or  notes  now 

5, 1880.  owned,  or  which  may  be  hereafter  owned  by  the  city  ; 

and  also  of  the  annual  tax,  such  a  sum  as  the  city 


SINKING  FUND.  451 

council  of  each  year  shall  fix  and  determine  not  less 
than  one  per  cent,  of  the  then  existing  city  liabilities 
after  deducting  therefrom  the  amount  of  the  A.  &  St. 
L.  R.  R.  loan  and  the  building  loan  ;  shall  be  and  the 
same  hereby  is  appropriated  to  the  payment  or  the 
purchase  of  the  principal  of  the  city  debt. 

3.  It  shall  be  the  duty  of  the  auditor,  annually,  to  Duty  of  audi- 
pass  to  the  credit  of  the  committee  on  the  reduction    t^r. 

of  the  city  debt,  all  receipts,  the  proceeds  of  either  Rev.  ord.  ises. 
of  the  sources  belbre  mentioned,  and  the  said  amount 
out  of  the  annual  tax ;  and  the  sums  so  passed  to  the 
credit  of  said  committee  shall  be  drawn  from  the 
treasury  of  the  city  for  the  payment,  or  the  purchase 
of  the  capital  of  the  city  debt,  in  the  manner  before 
mentioned,  and  for  no  other  purpose  whatever. 

4.  The  committee  on  the  reduction  of  the  city  debt  committee  may 
are  hereby  authorized  to  lend  on  interest  to  the  treas-   ^^^^ 
urer  of  the  city  any  amount  so  passed  to  their  credit  ibid. 

as  aforesaid,  which  may  not  be  immediately  wanted 
for  the  purchase  or  redemption  of  said  debt. 

See  title  "Finance." 


Solicitor. 


Ordinances. 

1.  City  solicitor  to  be  chosen.     His  qualifications.   , 

2.  His  duties.  * 

3.  To  commence  and  prosecute  suits.    To  defend  suits  against 

city.  ^To  appear  before  the  legislature  and  committees 
thereof.     To  furnish  legal  opinions. 

4.  To  make  annual  report  to  city  council  of  unfinished  busi- 

ness.    Keport  to  be  published. 

City  solicitor         1.  In  the  month  of  March,  annually,  and  whenever 
«°   ^  r^ll   a  vacancy  in  the  office   shall  occur,  there  shall  be 

Rev.  Ord.  1868.  ^  ^  ^  ' 

City  charter,     choseu  by  the  city  council,  a  solicitor  for  the  city  of 
His  quaiifica-    Portland,  who  shall  have  been  admitted  an  attorney 
and  counsellor  of  the  courts  of  the  State,  and  he  shall 
be  removable  at  the  pleasure  of  the  city  council. 

2.  It  shall  be  the  duty  of  said  city  solicitor,  by 
himself  or  by  some  person  by  him  duly  authorized, 
for  whose  conduct,  skill  and  faithfulness  he  shall  be 
accountable,  to   draft  all  bonds,  deeds,  obligations, 
contracts,  leases,  conveyances,  agreements,  and  other 
legal  instruments  of  whatever  nature,  which  may  be 
required  of  him  by  any  ordinance  or  order  of  the 
mayor  and  aldermen,  or  of  the  city  council,  or  which 
by  any  ordinance  or  order  may  be  requisite  to  be  done 
and  made  by  the  city  of  Portland,  and  which  by  law, 
usage  and  agreement,  the  city  is  to  be  at  the  expense 
of  drawing. 
To  commence        3.  It  shall  be  the  duty   of  said  city  solicitor  to 
^its!'^^^^^"'^  commence  and  prosecute  all  actions  and  suits  to  be 
iwd.  commenced  by  the  city,  before  any  tribunal  in  this 

State,  whether  in  law  or  equity,  and  also  to  appear 
and  defend  and  advocate  the  rights  and  interests  of 


tlons. 


His  duties. 
Rev.  Ord.  1868. 


SOLICITOR.  453 

the  city,  or  any  of  the  officers  of  the  city,  in  any  suit 
or  prosecution  for  any  act  or  omission  in  the  discharge 
of  their   official   duties,  wherein   any  estate,  right, 
privilege,  ordinances  or  acts  of  the  city  government, 
or  any  breach  of  any  ordinance  may  be  brought  into 
question.     And  said  solicitor  shall  also  appear  before  to appear  be- 
the  legislature  of  this  State,  or  any  committee  thereof,  ^"^^^^l^^^' 
and  there  in  behalf  of  the  city,  represent,  answer  for,    committees 
defend  and  advocate  the  interests  and  welfare  of  said 
city,  whenever  the  same  may  be  directly  or  incidentally 
affected,  whether  to  prosecute  or  defend  the  same  ;"  and 
he  shall  in  all  matters  do  all  and  every  professional  act, 
incident  to  the  office,  which  may  be  required  of  him  by 
the  city  government,  or  by  any  joint  or  special  commit- 
tee thereof,  or  by  any  ordinance  or  order  ;  and  he  shall, 

]  "^        '^.  '    To  furnish 

when  required,  furnish  the  mayor  and  aldermen,  the  legai opinions. 
common  council,  or  any  joint  or  special  committee  of 
either  branch  thereof,  and  to  any  officer  of  the  city 
goverament,  who  may  require  it  in  the  official  dis- 
charge of  his  duties,  with  his  legal  opinion  on  any 
subject  touching  the  duties  of  their  respective  offices. 

4.  It   shall   be   the   duty   of   said   city   solicitor,  to  make  an- 
annually,  in   the   month  of  February,  to   report  in   n^ai  rep^ort  to 
writing,  to  the  city  council,  all  the  unfinished  business   unfinished 
in  his  department,  including  the  names,  grounds,  and   ^^^*°®^^- 
stages  of  progress,  of  all  suits  pending,  in  which  the 
city  is  a  party  or  is  interested ;  with  the  names  and 
results  of  such  suits,  affecting  the  city,  as  may  have 
been  decided  or  adjusted  during  the  year,  and  such 
other  information  as  to  the  business  of  his  department 
as  he  may  think  important,  or  the  city  council  may 
direct ;  which  report  shall  be  published  with  the  other  '^ushed"^ 
annual  reports  to  be  made  to  the  city  council. 


steam. 


Statutes. 


1.  Steam  Heating  Co.     Act  of  incorporation. 

2.  Capital  stock. 

3.  Privileges. 

4.  Not  to  obstruct  public  travel. 

5.  Privileges  after  three  years. 

6.  Management. 

7.  Authority  of  city  after  ten  years. 

8.  Franchises  continued. 

9.  Liability  for  obstructing  streets. 

10.  Liability  for  injuries  to  private  property. 

11.  First  meeting. 

12.  Control  of  city. 

13.  When  to  take  effect, 
Steam  Heating     14.     Rights  of  other  parties. 

Co.  Incorpora- 
tion. 1.  Jacob  S.  Win  slow,  Horatio  N.  Jose,  George  F. 
1880,  c.  204.  Holmes,  William  W.  Thomas,  junior,  George  P.  Wes- 
^?frTJ^i««o  cott,  Charles  McCarthy,  junior,  Edward  H.  Davies, 
George  F.  Morse,  their  associates  and  successors,  are 
hereby  constituted  a  body  politic  and  corporate,  by  the 
name  of  the  Steam  Heating  and  Power  Company,  and  by 
that  name  shall  have  and  enjoy  all  the  necessary  powers 
and  privileges  to  effect  the  objects  of  their  association, 
and  shall  be  subject  to  such  duties,  liabilities  and  exemp- 
tions as  are  or  may  be  provided  by  the  general  laws  of 
this  state  in  case  of  manufacturing  corporations. 

2.  The  capital  stock  of  said  company  shall  be  not  less 
than  thirty  thousand  dollars,  nor  more  than  three  hundred 
thousand  dollars,  and  shall  be  divided  into  shares  of  not 
exceeding  one  hundred  dollars  each.  Said  company, 
having  first*  obtained  permission  of  the  municipal  author- 
ities therefor,  shall  have  power  to  erect,  establish  and 


March  9,  1880. 


Capital  stock. 
Ibid. 


STEAM.  455 

ft 

maintain  in  the  city  of  Portland,  suitable  works  for  the 
manufacture  and  distribution  of  steam  for  heating  pur- 
poses and  power  for  manufacturing  establishments. 

3.  The  said  company  is  hereby  authorized  to  lay  down, 
in  and  through  the  streets  of  said  city,  and  to  take  up, 
replace  and  repair,  all  such  pipes,  conduits  and   fixtures 

as  may  be  necessary  for  the  objects  of  its  incorporation,  priviieges- 
first  having  obtained  the  consent  of  the  city  council 
therefor,  and  under  such  restrictions  and  regulations  as 
said  city  council  may  see  fit  to  prescribe ;  and  any 
obstruction  in  any  street  of  said  city,  or  taking  up,  or 
displacement  of  any  portion  of  anj^  street  without  such 
consent  of  city  council,  or  contrary  to  the  rules  and  regu- 
lations that  may  be  prescribed  as  aforesaid,  shall  be 
considered  a  nuisance,  and  said  company  shall  be  liable 
to  indictment  therefor,  and  to  all  the  provisions  of  law 
applicable  thereto ;  and  said  company  shall,  in  all  cases, 
be  liable  to  repay  to  said  city  all  sums  of  money  that  said 
city  may  be  obliged  to  pay  on  any  judgment  recovered 
against  said  city  for  damages  occasioned  by  any  obstruc- 
tions, or  taking  up,  or  displacement  of  any  street  by  said 
company  whatever,  with  or  without  the  consent  of  the  city 
council,  together  with  the  counsel  fees  and  other  expnsese 
incurred  by  said  city  in  defending  any  suit  to  recover 
damages  as  aforesaid,  with  interest  on  the  same,  to  be 
recovered  in  an  action  for  money  paid  to  the  use  of  said 
company. 

4.  Whenever  the  company  shall  lay  down  any  pipes, 

conduits  or  fixtures  in  any  street,  or  make  any  alteration  ^-^t  ^^  obstiiict 

or  repairs  upon  its  works  in  any  street,  it  shall  cause  the    public  ti-avei. 

same  to  be  done  with  as  little  obstruction  to  the  public  ^^^• 

travel  as  may  be  practicable,  and  shall  at  its  own  expense, 

without  unecessary  delay  cause  the  earth  and  pavement 

removed  by  them  to  be  replaced  in  proper  condition.     It 

shall  not  be  allowed,  in  any  case,  to  obstruct  or  impair 

the  use  of  the  pipes  and  fixtures  of  the  Portland  Gas 

Light  Company,  or  of  the  Portland  Water  Company,  or 

of   any  public  or  private  drain,  or  common   sewer,   or 

reservoir  ;  but  said  company  shall  have  the  right  to  cross, 

28 


456 


STEAM. 


Privileges 
after  3  yeai 
IblcL 


3Iauagement. 
Ibid. 


Authority  to 
city  after  ten 
years. 

Ibid. 


or,  where  necessary,  to  change  the  direction  of  au}^  pri- 
vate drain  in  such  a  manner  as  not  to  obstruct  or  impair 
the  use  thereof,  being  liable  for  any  injuiy  occasioned  by 
any  such  crossing  or  alteration  to  the  owner  thereof,  or 
any  other  person,  and  to  said  city,  in  an  actionupon  the  case. 

5.  If  the  said  company  shall  be  duly  organized  within 
three  years  from  the  passage  of  this  act,  and  shall,  within 
that  time,  have  raised  and  expended  at  least  ten  thousand 
dollars  for  the  objects  of  its  incorporation,  and  shall  have 
actually  commenced  the  manufacture  and  distribution  of 
steam,  it  shall  then  have  and  enjoy  the  franchise  and 
privileges  granted  it  by  this  act,  exclusively,  for  the  term 
of  ten  years  from  the  date  of  its  organization,  subject  to 
the  terms  and  limitations  hereinafter  prescribed,  and  sub- 
ject to  all  such  regulations  and  control  as  may,  by  law, 
be  exercised  over  corporations  by  the  judicial  tribunals 
of  this  State. 

6.  The  management  of  the  affairs  of  the  company,  and 
all  expenditures  made  for  the  purposes  authorized  by 
this  act,  shall  be  directed  by  a  board  of  five  or  seven  di- 
rectors, to  be  chosen,  annually. 

7.  At  the  expiration  of  the  term  of  ten  years  named  in 
the  fifth  section  of  this  act,  the  city  of  Portland  shall  be 
authorized,  upon  vote  of  the  city  council  to  that  effect,  to 
pay  to  said  company  the  appraised  value  of  its  buildings, 
works,  pipes,  fixtures  and  other  property,  and  upon  such 
payment  may  take  and  hold  all  said  property,  without  any 
right,  privilege  or  franchise  remaining  to  said  company, 
and  may  dispose  of  said  property  in  such  manner  as  the 
city  council  shall  determine.  For  the  purpose  of  making 
the  valuation  aforesaid,  the  city  council  shall,  within  three 
months  before  the  expiration  of  the  ten  years  aforesaid, 
give  notice  to  the  company,  and  appoint  two  disinterested 
persons,  and  the  company  shall  appoint  two  other  disin- 
terested persons,  to  be  appraisers,  and  the  four  persons 
so  appointed  shall  appoint  a  fifth  disinterested  person,  to 
be  one  of  the  appraisers.  If  the  company  shall  neglect 
or  omit,  for  two  months  after  the  notice  aforesaid,  to  ap- 
point appraisers  on  its  part,  then  the  two  appraisers 
appointed  by  the  city  council  shall  be  authorized  to  make 
the  appraisal,  and  the  decision  of  the  appraisers  in  either 


STEAM.  457 

case  shall  be  final.  And  if  said  company  neglects  or  re- 
fuses for  the  space  of  one  month  after  an  appraisal  shall 
have  t^een  made  in  pursuance  of  the  provisions  of  this 
section,  and  after  the  said  city  shall  have  notified  said 
company  of  its  readiness  to  take  said  property  at  such 
appraisal,  to  deliver  all  its  aforesaid  property  to  said  city, 
and  to  execute  good  and  suflScient  conveyances  thereof, 
then  said  city  may  take  possession  of  said  property  and 
hold  the  same  as  is  hereinbefore  provided,  being  respon- 
sible to  said  company  to  pay  the  appraised  value  afore- 
said ;  and  no  sale  of  said  property,  at  any  time  by  said 
company,  in  derogation  of  the  rights  of  said  city  herein 
specified,  shall  be  valid,  as  against  the  right  of  the  city 
to  take  said  property  as  aforesaid. 

8.  If  the  city  of  Portland  shall  not  so  pay  for  and  take  Franchises 
the  property  of  the  company  at  the  appraisal  so  made,  continued, 
then  the  franchise  and  privileges  hereby  granted  to  said  ^^^' 
company,  shall  be  continued  to  it,  and  shall  be  held  and 
enjoyed  by  it  exclusively,  for  a  further  term  of  twenty 

years  after  the  expiration  of  the  ten  years  aforesaid,  sub- 
ject to  the  limitation  prescribed  in  the  seventh  section  of 
this  act. 

9.  If  said  company  or  any  of  its  servants  or  officers 
employed  in  effecting  the  objects  of  the  company,  shall 
wilfully  or  negligently  place  or  leave  any  obstruction  in    o^bSrucan^& 
any  of  the  streets  of  Portland,  beyond  what  is  actually    streets, 
necessary  in  constructing  its  works,  laying  down,  taking  i^^^- 

up,  and  repairing  its  pipes  and  fixtures,  or  shall  wilfully 
or  negligently  omit  to  repair  and  put  in  proper  condition 
any  street  in  which  the  earth  or  pavement  may  have  been 
removed  by  it,  the  company  shall  be  subject  to  indict- 
ment therefor,  in  the  same  manner  that  towns  are  subject 
to  indictment  for  bad  roads,  and  shall  be  holden  to  pay 
such  fines  as  may  be  imposed  therefor,  which  fine  shall  be 
collected,  applied  and  expended  in  the  same  manner  as  is 
provided  in  case  of  the  indictment  aforesaid  against 
towns,  or  may  be  ordered  to  be  paid  into  the  treasury  of 
the  city.  If  any  person  shall  suffer  injury  in  his  person 
or  property,  by  reason  of  any  such  negligence,  wilfulness 
or  omission,  he  shall  be  entitled  to  recover  damages  of 


458 


STEAM. 


For  injuring 
property. 
Ibid. 


First  meeting. 


In  control  of 
city. 
Ibid. 


When  take 
effect.  &c. 


the  company  therefor,  by  an  action  on  the  case  in  any 
court  of  competent  jurisdiction. 

10.  Nothing  contained  in  this  act  shall  be  construed  to 
effect  or  diminish  the  liability  of  said  corporation  for  any 
injury  to  private  property  by  depreciating  the  value  there- 
of or  otherwise,  but  said  corporation  shall  be  liable  there- 
for, in  an  action  on  the  case. 

1 1 .  The  first  meeting  of  said  corporation  may  be  called 
by  a  notice  signed  by  any  three  of  the  corporators,  pub- 
lished five  days  successively  before  the  day  fixed  for  such 
meeting,  in  any  newspaper  published  in  Portland. 

12.  The  mayor  and  aldermen  for  the  time  being  shall 
at  all  times  have  the  power  to  regulate  and  control  the 
acts  and  doings  of  said  corporation,  which  may  in  any 
manner  injuriously  affect  the  health,  property  or  safety  of 
the  inhabitants  of  the  city. 

13.  This  act  shall  be  taken  and  deemed  to  be  a  public 
act,  and  shall  be  in  force  from  and  after  its  approval  by 
the  governor. 

14.  Nothing  in  this  act  shall  be  construed  to  affect  or 
abridge  the  rights  of  any  parties  in  said  city  now  having 
and  exercising  rights  similar  to  any  of  those  granted  by  it.^ 


1  For  "Steam  Engines,"  and  "  Steam  Whistles,"  see  Title  •'  Nuisances.' 


streets. 


Statutes. 


1.  Authority  of  city  council  over  streets.      Land  damages. 

Appeal. 

2.  How  damages  may  be  apportioned.     Act  of  1872. 

3.  Form  of  notice  to  lot  owners.     Act  of  1872. 

4.  Owner  aggrieved  may  have  assessment  made  by  committee 

or  jury.     Act  of  1877. 

5.  Proceeding,  when  no  appeal,  and  assessment  not  paid. 

6.  Recovery  of  assessment  by  action. 

7.  Original  location  of  streets  to  be  ascertained  by  city  engi- 

neer.    Persons  may  object. 

8.  Obstruction  of  streets  on  public  occasions. 

9.  Portland  Gas  Company  may  lay  pipes,  &c.     Liability  for 

damages. 

10.  Excavations  near  streets,  how  to  be  made;  responsibili- 

ties. 

11.  Damages  occasioned  by  raising  or  lowering  streets. 

12.  Sliding  and  coasting  on  streets. 

13.  Townways  across  or  under  railway,  how  built  and  main- 

tained. 

14.  Towns  may  reinstate  townways  discontinued. 

15.  Highway  may  be  constructed  in  Portland  into  tide  waters. 

16.  Towns  may  raise  money^  for  bridges  and  ways  as  other 

taxes. 

17.  Ways  to  be  kept  open  and  in  repair. 

18.  Ways  on  lines  between  towns. 

19.  Ways  on  lines  between  towns,  how  divided  and  repaired. 

20.  Municipal  officers  to  assign  limits  to  surveyors. 

21.  Towns  shall  raise  money  for  roads,  &c. 

22.  Person  injured  by  defect  in  highway  may  have  action,  &c. 

23.  Not  exceeding  $2,000. 

24.  Slippery  sidewalk  no  defect. 

25.  Person  knowing  defect  and  not  notifying. 

26.  Buildings  and  fences  existing  twenty  years,  true  bounds, 

&c. 

27.  Towns  to  maintain  guide  posts. 

28.  Municipal  officers  to  erect  guide  posts. 

29.  Sidewalks,  in  relation  to  laying. 


460  STREETS. 

Ordinances. 

1.  Names  of  streets  to  be  continued. 

2.  Committee  on  laying  out  new  streets  to  be  appointed. 

3.  Committee  to  lay  out,  &c.,  new  streets.      To  estimate 

damages.    To  repc»rt  to  city  council. 

4.  Commissioner   of  streets  to  be  elected.       To  be  sworn. 

Compensation.     May  be  removed. 

5.  Duties  of  commissioner.     Shall  not  change  the  grade  of 

streets,  without,  &c.  To  make  contracts.  To  have 
charge  of  teams,  &c. 

6.  Powers  of  street  commissioners  given  to  commissioner  of 

streets.  To  pay  damages  sustained  in  consequence  of 
neglect  of  duty, 

7.  Commissioner    shall    be  acquainted  with    lines,   &c.,    of 

streets.  To  remove  obstructions.  To  perform  duties 
prescribed  by  mayor  and  aldermen  or  city  council.  To 
make  arrangements  for  supply  of  labor. 

8.  Commissioner  shall  discharge  all  bills  once  a  month.      To 

render  account  to  board  of  aldermen.  To  keep 
account  of  receipts  and  expenditures.  To  present 
annual  account. 

9.  To  cause  stone  monuments  to  be  erected  when,  &c.     To 

be  recorded. 
10.     Monuments  not  to  be  removed  without,  &c.     Penalty. 
Jl.     Dangerous  lots  of  laud  to  be  fenced.      Penalty.      Street 

commissioner  shall  cause  lots  to  be  fenced. 

12.  Streets  not  to  be  dug  up,  or  gravel  removed  from,  without 

license,  &c.     Penalty. 

13.  Street  broken  up  shall  be  repaired.     Penalty. 

14.  No  drain  or  aqueduct  to  be  opened  or  repaired  without 

license.    Penalty. 

15.  When  license  is  granted  to^  open  a  drain,  &c.,  street  to  be 

repaired  to  satisfaction  of  commissioner.  One  half  of 
street  to  be  kept  open.  Railing  to  be  kept  up.  To  be 
lighted.     Penalty. 

16.  Notice  to  be  given  of  intention  to  build.    Portion  of  street 

to  be  alloted.  Portion  allotted  to  be  used  for  building 
materials,  &c.  Rubbish,  &c. ,  to  be  carried  away.  In 
case  of  neglect,  to  be  removed  at  expense  of  person. 
To  be  lighted.    Penalties. 

17.  Lumber,  stones,  and  building  materials  not  to  be  placed  in 

streets  to  remain  over  six  hours.  Penalty.  May  be 
removed  at  expense  of  owner. 

18.  Proceedings  when  owners  refuse  to  remove  them.    To  be 

sold  at  auction. 

19.  No  person  to  blast  rocks  within  fifty  rods  of  street  with- 

out license.    Penalty. 


STREETS.  461 

20.  Persons  not  to  play  at  bat  and  ball.     Not  to  throw  snow 

balls.     Penalties. 

21.  Not  to  shoot  with  bow  and  arrow.    Penalty. 

22.  Not  to  fly  kites.     Not  to  coast  on  sleds  or  skate.     Penalty. 

23.  Gaming  tables  or  devices  not  to  be  exposed  in  streets.   No 

person  to  play  at  unlawful  games  in  street. 

24.  No  person  to  swim  or  bathe  in  exposed  situations.     Pen- 

alty. 

25.  Manure  not  to  be  taken  from  streets  without  permission. 

26.  Streets  shall  not  be  obstructed  by  moving  of  buildings. 

Building  obstructing  streets  to  be  removed  at  expense 
of  owner. 

27.  Penalties. 

28.  No  goods  or  merchandise  to  be  placed  so  as  to  project 

into  street.    Penalty. 

29.  Awnings  may  be  placed.    Proviso.     Regulations. 

30.  Signs,  &c.,  not  to  project  into  street.     Penalty. 

31.  Making  noises  in  the  streets  forbidden. 

32.  Grinding   cutlery,  &c.,  in  the  streets,  forbidden,  unless 

license. 

33.  Porticoes,  porches,  &c. ,  not  to  project  into  street.   Penalty. 

34.  Cellar  doors,  &c.      Not  to  remain  open,  unless  lighted. 

Light  to  be  kept  at  entrance.     Penalties. 

35.  Entrance  and  steps  to  be  secured  with  railings  or  chains. 

Light  to  be  placed.    Penalties. 

36.  Apertures  and  coal  holes  not  to  be  made  without  license. 

Penalty.     Not  to  be  left  open.     Penalty. 

37.  Gratings  in  sidewalks  not  to  extend  more  than  eighteen 

inches.     Penalties. 

38.  Mayor  and  aldermen  may  authorize  the  construction  of 

coal  holes,  and  gratings.     Not  to  extend  more  than 
three  feet. 

39.  Horses  shall  not  be  driven  in  streets  at  a  faster  rate  than 

six  miles  an  hour.     Penalty. 

40.  Horses,  cattle  and  swine,  not  to  run  at  large.     Penalty. 

41.  Horses  or  animals  not  to  be  frightened.     Penalty. 

42.  Speed  of  trains  in  Commercial  street  regulated. 

43.  Bells  of  locomotives  to  be  rung. 

44.  Brakemen  to  be  attached  to  brakes. 

45.  Penalties. 

46.  Articles  to  be  unloaded  on  southeast  side  of  railroad  track. 

Not  to  obstruct  streets  leading  to,  or  passage  ways. 
Proviso. 

47.  Engines,  &c.,  not  to  obstruct  streets  or  passage  ways. 

48.  Side  tracks,  or  turn-outs  not  to  be  laid  without  permit  of 

mayor.    Street  commissioner  to  superintend  the  same. 


462  STREETS. 

49.  Vessels  or  boats  not  to  be  made  fast  to  sea-wall  or  coping: 

stones;   not  to  lay  so  as  jib-boom,   &c.,   may  project. 
Articles  not  be  shipped  or  landed  over  coping  stones. 

50.  Penalties. 

51.  Width  of  sidewalk  regulated.      Sidewalk  may  be  accepted 

after  put  in  repair. 

52.  City  to  maintain  sidewalks  relinquished.    Proviso. 

53.  Bricks  and  sand  to  be  furnished  to  lay  sidewalks.     To  be 

laid  under  direction  of  street  commissioner. 

54.  When  city  council  require  sidewalks  to  be  paved. 
65.     City  assume  one-half  the  expense. 

56.  Names  of  streets  to  be  recorded.      Sidewnlk  and  descrip- 

tions to  be  entered. 

57.  Alteration  in  sidewalks.  Post  and  trees  not  to  be  set  with- 

out consent,  &c. 

58.  Carriages,    hand-carts,   &c.,  not     to  go    on    sidewalks. 

Horses  or  animals  not  to  stand  upon. 

59.  Wood  not  to  be  sawed  or  split  upon. 

60.  Persons  not  to  stand  in  a  group  upon  side  or  cross  walks 

so  as  to  obstruct,  &c.    Penalty.    To  move  on.    Penalty. 

61.  Goods  not  to  be  placed  upon  foot  or  sidewalk,  to  obstruct, 

&c.      Penalty,      Penalty  for  suffering  to  remain  after 
notice.    Proviso. 

62.  Snow  to  be  removed  from  foot  way  or  sidewalk.   Penalty. 

63.  To  apply  to  snow  falling  from  buildings. 

64.  Ice  to  be  removed  from  sidewalks,  or  to  be  covered  with 

sand,  &;c.     Penalty. 

65.  Ice  thrown  into  streets  to  be  placed  evenly,  and  to  be 

broken  into  small  pieces. 

66.  Word  streets  to  include  alleys,  lanes,  &c.,  unless,  &c. 

67.  Provisions  of  preceding  sections  not  to  limit  rights  and 

duties  of  commissioner  of  streets. 

68.  Streets  may  be  made  on  Back  cove  flats. 

69.  Amendment  of  first  section  of  ordinance  on  buildings. 

70.  Encroachments  on  streets. 

71.  No  new  grades  fixed  or  old  ones  changed,  except  by  vote 

of  city  council.     Of  petitions  for  grades.     Notice. 

72.  Committee  to  submit  plans  and  estimates  for  paving. 

73.  Numbering  streets. 

74.  Number  for  every  lot. 

75.  Plan. 

76.  Street  monuments. 

77.  Streets  must  be  kept  cjear  of  obstructions  by  pei*son  occu- 

pying. 

78.  Opening  streets  where  gas  or  water  pipes  are  laid. 

79.  Excavations  near  streets. 

80.  Further  duties  of  Street  Commissioner. 

81.  To  protect  public  grounds. 


STREETS.  463 

82.  Street  lamps,  penalty  for  lighting  or  extinguishing. 

83.  Lamp  posts,  located  and  existing. 

84.  Lamp  posts  how  to  be  located. 

85.  Lamp  posts  how  taken  to  be  established. 

86.  Lamp  posts.    Becord. 

REGULATIOXS  RESPECTING  GAS  PIPES  IN  STREETS. 

1.  Company  to  give  notice  to  the  commissioner  of  streets  of 

commencement  of  work.  Of  completion.  Street  com- 
missioner to  examine  the  same. 

2.  Streets  not  to  be  dug  up,  &c.,  without  consent  of  mayor 

and  aldermen.  Penalties.  Streets  not  to  be  dug  up, 
&c.,  before  pipes  are  ready  to  be  laid  down. 

3.  Liability  of  company  for  damages. 

4.  Trenches  made,  fenced  and  lighted. 

5.  Work  to  be  done  with  convenient  despatch.      Streets  to 

be  repaired.  Materials,  rubbish,  &c.,  to  be  removed. 
Company  to  repair  streets  to  satisfaction  of  commis- 
sioner. In  case  of  refusal,  to  be  repaired  at  expense  of 
company. 

6.  Restrictions  respecting  pipes  laid  in  contact  vrith  drains 

or  sewers.     Course  of  drains,  &c.,  may  be  changed. 

Statutes. 

1 .  The  city  council  shall  have  exclusive  authority^  to  Authority  of 
lay  out,  widen  or  otherwise  alter,  or  discontinue  any  and    ^^^  council 

over  Btxccts* 

all  streets  or  public  ways  in  the  city  of  Portland,  without 
petition  therefor,  and  as  far  as  extreme  low  water  mark  ;  city  charter, 
and  to  estimate  all  damage  sustained  by  the  owners  of  i^es,  §  9. 
land  taken  for  that  purpose  ;  but  all  locations  below  high 
water  mark  shall  be  subject  to  the  provisions  of  the  laws 
relating  to  the  commissioners  of  Portland  harbor.  A 
joint  standing  committee  of  the  two  boards  shall  be 
appointed,  whose  duty  it  shall  be  to  lay  out,  alter,  widen 
or  discontinue  any  street  or  way  in  said  cit^,  first  giving 


1  By  this  section  the  city  council  liave  all  the  powers  to  locate  and  alter 
treets  which  by  general  law  is  conferred  upon  the  inhabitants  and  selectmen 
of  towns.  The  location  of  a  street  is  not  an  act  of  appropriation  of  money 
and  it  is  not  necessary  to  be  approved  by  mayor.  Committee  on  laying  out 
streets  have  certain  powers  of  city  council..  Preble  v.  Portland,  45  Maine, 
241 ;  .Jones  v.  Portland,  57  Maine,  42.  As  to  general  powers  of  city  council 
In  laying  out  a  new  street,  under  similar  statutes  in  Mass.,  see  Brimmer  v. 
Boston,  102  Mass.,  19;  Harrington  v.  Harrington,  1  Met.,  404;  Common- 
wealth V.  B.  &  L.  R.,  12  Cush.,  254;  Westport  v.  Bristol,  9  Allen,  203;  John- 
son v.  Wyraan,  9  Gray,  186. 


464  STREETS. 

notice  of  the  time  and  place  of  their  proceedings  to  all 
parties  interested,  by  an  advertisement  in  two  daily 
papers  printed  in  Portland,  for  one  week  at  least 
previous  to  the  time  appointed.  The  committee  shall 
first  hear  all  parties  interested,  and  then  determine  and 
adjudge  whether  the  public  convenience  requires  such 
street  or  way  to  be  laid  out,  altered  or  discontinued  ;  and 
shall  make  a  written  return  of  their  proceedings,  signed 
by  a  majority  of  them,  containing  the  bounds  and  des- 
criptions of  the  street  or  way,  if  laid  out  or  altered,  and 
the  names  of  the  owners  of  the  land  taken,  when  known, 
and  the  damages  allowed  therefor ;  the  return  shall  be 
filed  in  the  city  clerk's  office  at  least  seven  days  previous 
to  its  acceptance  b}^  the  city  council.  The  street  or  way 
shall  not  be  altered  or  established  until  the  report  is 
accepted  by  the  city  council,  and  the  report  shall  not  be 
altered  or  amended  before  its  acceptance.      A  street  or 

way  shall  not  be  discontinued  by  the  city  council,  except- 
Land  damages.  .  ^ ,  ^      «..-..«      r^. 

But  see  new      i^^g  upon  the  report  of  said  committee. ^     The  committee 

provisions  of  shall  estimate  and  report  the  damages  sustained  by  the 
5  and  6.  '  '  '  <^wners  of  the  lands  adjoining  that  portion  of  the  street 
or  way  which  is  so  discontinued ;  their  report  shall  be 
filed  with  the  city  clerk  seven  days  at  least  before  its 
acceptance.  Any  person  aggrieved  by  the  decision  or 
judgment  of  the  city  council  in  establishing,  altering,  or 
discontinuing  streets,  may,  so  far  as  relates  to  damages, 
appeal  therefrom  to  the  next  court  having  jurisdiction 
thereof,  in  the  county  of  Cumberland,  which  court  shall 
determine  the  same  by  a  committee  or  reference  under  a 
rule  of  court,  if  the  parties  agree,  or  by  a  verdict  of  its 
jury,  and  shall  render  judgment  and  issue  execution 
for  the  damages  recovered,  with  costs  to  the  party  pre- 
vailing in  the  appeal.^  Such  appeal  shall  be  made  to  the 
term  of  the  supreme  judicial  court,  which  shall  first  be 
holden  in  the  county  of  Cumberland,  more  than  thirty 
days  from  and  after  the  day  the  street  is  finally  estab- 
lished, altered   or   discontinued,   excluding   the   day   of 

2  See  R.  S.,  1871,  c.  18,  §  1,  contained  in  §  8,  post. 

3  See  R.  S.,  1871,  c.  18,  §  9. 


STREETS.  465 

commencement  of  the  session  of  said  court.  The  appel-  Appeal, 
lants  shall  serve  written  notice  of  such  appeal  upon  the 
mayor  or  city  clerk,  fourteen  days  at  least  before  the 
session  of  the  court,  and  shall  at  the  first  term  file  a  com- 
plaint setting  forth  substantially  the  facts  of  the  case. 
On  the  trial,  exceptions  may  be  taken  to  the  rulings  of 
the  court,  as  in  other  cases.  Co-tenants  who  are  appel- 
lants shall  join  in  their  appeal  or  shall  not  recover  their 
costs.  If  a  street  or  way  is  discontinued  before  the 
damages  are  paid  or  recovered  for  the  land  taken,  the 
land  owner  shall  not  be  entitled  to  recover  such  damages 
but  the  committee  in  their  report  discontinuing  the  same, 
shall  estimate  and  include  all  the  damages  sustained  by 
the  laud  owner,  including  those  caused  by  the  original 
location  of  the  streets ;  and  in  such  cases,  if  an  appeal 
has  been  regularly  taken,  the  appellant  shall  recover  his 
costs.  The  city  shall  not  be  compelled  to  construct  or 
open  any  street  or  way  thus  hereafter  established,  until 
in  the  opinion  of  the  city  council  the  public  good  requires 
it  to  be  done  ;  nor  shall  the  city  interfere  with  the  posses- 
sion of  the  land  so  taken  by  removing  therefrom  materials 
or  otherwise,  until  they  decide  to  open  and  construct  said 
street.  The  city  council  may  regulate  the  height  and 
width  of  sidewalks  in  any  public  square,  places,  streets, 
lanes  or  alleys  in  said  city ;  and  may  authorize  posts  and 
trees  to  be  placed  along  the  edge  of  side  walks.  Nor 
shall  the  city  be  answerable  for  damages  occasioned  by 
telegraph  poles  and  wires  erected  in  its  streets. 

2.  Whenever  the  city  council  of  any  in  this  State  shall  How  damages 
lay  out  any  new  street  or  public  way,  or  widen  or  other-    joying om 
wise  alter  or  discontinue  any  street  or  way  in  such  city,    or  widening 
and  shall  estimate  and  decide  that  any  person  or  persons    ^ppo^n^d^ 
or  corporations  have  or  will  sustain  any  damage^  thereby.  Act  1872,  c.  26. 

*  The  damages  awarded  are  sucii  damages  as  arise  from  a  proper  construc- 
tion of  the  way,  Jackson  v.  Portland,  63  Maine,  55.  Such  damages  must  be 
assessed  as  a  whole.  Ford  v.  Co.  Commissioners,  64  Maine,  408;  Mussey  v. 
Gaboon,  34  Maine,  64 ;  Hicks  v.  Ward,  69  Maine,  436.  For  discussion  of  whole 
subject  see  Dillon  on  Mun.  Corporations,  §  483,  et  seq.  The  appropriation  of 
land  to  public  use  is  one  of  the  highest  acts  of  sovereign  power  and  should 
be  accomplished  only  by  clear,  explicit  language.  Glover  v.  Boston,  14 
Gray,  282.    See  also  cases  cited  in  §  1,  supra. 


466  STREETS. 

and  the  amount  thereof  to  each  in  the  manner  that  now  is 
or  may  be  provided  by  law,  it  shall  be  lawful  for  said  city 
council  to  apportion  the  damages  so  estimated  and  allowed, 
or  such  part  thereof  as  to  them  may  seem  just,  upon  the 
lots  or  parcels  of  land  adjacent  to  and  bounded  on  such 
street  or  way,  and  not  those  lots  for  which  damages  are 
allowed,  in  such  proportions  as  in  their  opinion  such  lots 
or  parcels  of  land  are  benefitted  or  made  more  valuable 
by  such  laying  out  or  widening  or  otherwise  altering  or 
discontinuing  of  such  street  or  way ;  provided,  however, 
that  the  whole  assessment  so  made  shall  not  exceed  the 
damages  so  allowed.  And  that  before  such  assessment, 
shall  be  made,  notice  shall  be  given  to  all  persons  inter- 
ested to  appear  before  said  citj^  council,  at  a  time  and 
place  specified,  if  they  shall  see  cause,  to  be  heard  upon 
the  subject-matter,  which  notice  shall  be  published  in  some 
newspaper  in  said  city  at  least  one  week  before  said  time 
of  hearing. 

3.  After  said  assessment  shall  be  made  upon  such  lots 
or  parcels,  and  the  amount  fixed  upon  each,  the  sam.e 
shall  be  recorded  by  the  city  clerk,  and  notice  shall  be 
lots  assessed,  given  within  thirty  days  after  the  assessment  to  each 
Ibid.  owner  and  proprietor  of  said  lots  and  parcels,  by  deliv- 

ering to  each  of  such  owners  resident  in  said  city  a  certi- 
fied copy  of  such  recorded  assessment,  or  by  leaving 
such  copy  at  his  last  and  usual  place  of  abode,  and  by 
publishing  the  same  three  weeks  successively  in  some 
newspaper  published  in  said  city,  the  first  publication  to 
be  within  said  thirty  days,  and  said  city  clerk  within 
said  thirty  days  shall  deposit  m  the  post  ofiice  of  said 
city,  postage  paid,  a  certified  copy  of  such  assessment 
directed  to  each  of  such  owners  or  proprietors  residing 
out  of  said  city,  whose  place  of  residence  may  be  known 
to  said  clerk,  and  the  certificate  of  said  clerk  duly  made 
shall  be  deemed  and  taken  to  be  suflScient  evidence  of 
these  facts,  and  the  registry  of  deeds  for  each  county  in 
the  State,  as  the  case  may  be,  shall  be  the  evidence  of 
title  in  allowing  or  assessing  damages  and  improvements 
under  this  act,  so  far  as  notice  is  concerned. 


Form  of  notice 
to  owners  of 


STREETS.  467 

4.  Any  owner  or  proprietor,  as  aforesaid  aggrieved  by  owner 

reason  of  the  sum  so  assessed  upon  his  lot  or  parcel  of   aggrieved 

.        .  -.  .  may  have  the 

land,  may,  at  any  time  withm  six  months  after  such  as-   assessment 

sessnient,  have  the  same  assessed  by  a  committee  or  jury,^   made  by  a 
as  now  provided  by  law  for  the  estimate  of  damages  for  ^^^ 
land  taken  for  laying  out,  altering,  widening  ordiscontin-  1877,0.172. 
uing  any  new  street  or  public  way  in  either  of  said  cities  ; 
and  if,  upon  appeal,  such  owner  or  proprietor  shall  fail  to 
be  assessed  a  smaller  sum  than  that  assessed  by  the  city 
council,  then  said  city  shall  recover  costs  after  appeal, 
which  shall  be  added  to  and  become  part  of  said  assess- 
ment ;  otherwise,  the  appellant  shall  recover  costs  after 
said  appeal,  and  the  clerk  of  the  courts  for  the  county  as 
the  case  may  be,  within  thirty  days  after  final  judgment, 
in  case  of  appeal,  certify  such  judgment  to  the  clerk  of 
said  city,  as  the  case  may  be.  . 

5.  In  case  the  sums  so  assessed  by  said  city  council  upon  Proceedings 
such  lots  or  parcels  of  land  shall  not  be  paid  to  the  city   n<fa^^arand 
treasurer  within  six  months  after  such  assessments,  and    the  assess- 
no  appeal  is  claimed,  the  mayor  of 'said  city,  under  the    mentis  not 
order  of  the  city  council,  may  issue  his  warrant  directed  j^.^ 

to  the  city  treasurer  of  said  city,  reciting  substantially  the  1872,  c.  26. 
proceedings  had,  and  direct  said  treasurer  to  sell  all  such 
lots,  the  assessment  upon  which  has  not  been  paid  as 
aforesaid,  at  public  auction  to  the  highest  bidder,  or  so 
much  of  each  of  such  lot  or  parcel  as  may  be  necessary 
to  pay  said  assessment  and  all  intervening  charges  and 
costs,  first  giving  public  notice  of  the  time  and  place  of 
sale  by  posting  notices  thereof  in  two  public  places  in  said 
city,  and  publishing  the  same  three  weeks  successively 
before  said  sale,  in  some  newspaper  published  in  said  city. 
And  it  shall  be  the  duty  of  said  treasurer  to  obey  said 
warrant,  and  to  execute  and  deliver  to  the  purchaser  of 
said  lot  or  parcel,  or  any  part  thereof,  a  deed  of  the  same 
which  shall  convey  a  good  and  valid  title  of  the  same  to 
the  purchaser  ;  and  the  owner  or  proprietor  aforesaid  may 
redeem  the  same  at  any  time  within  two  years  after  such 
sale,  by  paying  or  tendering  to  the  purchaser,  or  deposit- 

»  Goodwin  V.  Merrill,  48  Maine,  282;  Gay  v.  Gardiner,  5i  Maine,  477;  Wil- 
liams V.  Richmond,  59  Maine,  517;  Dillon  on  Mun.  Corp's,  supra. 


468 


SCHOOLS. 


Recovery  of 
assessment  by- 
action. 


Original  loca- 
tion of  streets 
to  be  ascer- 
tained by  city 
engineer,  how 
often. 

City  charter, 
§21. 


Persons  may 
object. 


Obstruction  of 
streets  on 
public  occa- 
sions. 

Ibid.  §  22. 


ing  with  the  city  treasurer,  of  said  city  the  amount  paid 
by  such  purchaser,  with  interest  at  the  rate  of  twelve  per 
cent,  per  annum  ;  and  a  lien  shall  *be  created  and  in  force 
and  exist  upon  each  of  said  lots  and  parcels  for  the  pay- 
ment of  said  assessments,  and  all  costs  and  charges  after 
said  assessment  is  made,  and  until  the  same  is  paid. 

6.  In  all  cases  after  said  assessment  is  due  and  paya- 
ble, said  city  treasurer  for  said  city  nlay  recover  the  same, 
and  all  charges  and  costs,  of  the  owner  or  proprieto^^',  in 
an  action  of  assumpsit  for  money  due  and  owing  said  city 
in  addition  to  the  mode  pointed  out  in  the  foregoing  pro- 
visions of  this  act  for  collecting  said  assessment. 

7.  The  original  location  of  all  streets  and  ways  in  said 
city  shall,  once  in  ten  years,  or  oftener,  be  ascertained  by 
the  city  engineer,  under  the  direction  of  the  city  council, 
as  accurately  as  practicable — the  location  of  different 
streets  being  ascertained  .by  him  from  time  to  time,  when 
expedient.  He  shall  make  a  written  report  of  his  doings 
to  the  committee  on  new  streets,  which  shall  give  twenty 
days  notice,  by  advertisement  in  two  or  more'  public  pa- 
pers in  the  city,  of  the  time  and  place  at  which  it  will  act 
upon  said  report.  Any  person  may  appear  and  object  to 
the  report.;  and  after  a  full  hearing  of  all  parties  interested, 
the  committee  may  accept,  alter  or  amend  the  report  as 
it  shall  think  right,  and  shall  report  their  proceedings  to 
the  city  council,  who  shall  thereupon  determine  the  lines 
of  such  streets  and  ways  in  said  city,  according  to  the 
original  location  thereof,  and  shall  order  the  same  to  be 
designated  anew  by  fixed  and  permanent  boundaries,  as, 
and  for,  the  original  boundaries  ;  and  a  record  of  the 
location  thereof  to  be  made  upon  the  city  records  ;  and  a 
copy  of  the  last  record  of  such  proceedings  respecting 
any  street,  with  evidence  of  the  location  of  the  boundaries 
therein  designated,  shall  in  all  judicial  proceedings,  be 
prima  facie  evidence  of  the  place  of  the  original  location 
of  said  street. 

8.  The  mayor  and  aldermen  of  said  city  may  on  pub- 
lic occasions,  by  their  order,  forbid  the  passing,  tempor- 
arily, of  horses,  carriages  or  other  vehicles,  over  or 
through  such  streets  or  ways  in  said  city,  as  they  may 


STREETS.  469 

deem   expedieut.     Nothing   in   any   city   charter,   or   in  Powers  of 

acts    additional   thereto,    shall    be   so   construed    as   to    countj- com- 
missioners to 
deprive  county  commissioners  of  the  power  to  lay  out,    include  cities. 

alter  or  discontinue  county  roads,  within  the  limits  of  R.  s.,  is7i, 

such  cities.  c.i8,§i. 

9.  The  Portland  Gas^  Company  are  authorized  to  lay  Portland  Gas 
down,  in  and  through  the  streets  of  the  city,  and  to  take  ^°-  authorized 

\  ,  .       „  ,       .  ^  ^  to  lav  down 

up,  replace,  and  repair  all  such  pipes  and  fixtures  as  may    pipes,  &c.,  in 
be  necessary  for  the  objects  of  their  incorporation,  first    streets. 
haying  obtained  the  consent  of  the^  city  council  therefor,  ^^^  ^^^'  ^-  ^^' 
and  under  such  restrictions  and  regulations  as  said  city 
council  may  see  fit  to  prescribe.     And  any  obstruction 
in  any  street  of  the  city,  or  taking  up  or  displacement 
of  any  portion  of  any  street,  without  such  consent  of 
the  city  council  or  contrary  to  the  restrictions  or  regu- 
lations that   may  be   prescribed   as   aforesaid,  shall   be 
considered  a  nuisance.     And  said  company  shall  be  lia- 
ble to  indictment  therefor,  and  to  all  the  provisions  of 
law  applicable  thereto. 

10.  Persons  desii-ous  of  making  an  excavation  near  a  Excavations 

DGtir  streets 

streets  or  public  way,  may  make  written  application  to    how  to  be    ' 
the  municipal  officers  setting  forth  its  nature  and  extent,    made.  Re- 
and  requestinoj  their  direction  thereon ;  and  they  shall    ^^^"^^ 

■*  R  S    IS^  p  1^ 

in  writing  direct  whether  it  may  or  not  be  made,  and  if  §79' 
permitted,  the  manner  of  making  it ;  and  when  so  made, 
no  liabilit}"  is  incurred  thereby.  If  not  so  made,  the  per- 
son making  it  is  liable  to  pay  to  the  town,  in  an  action 
on  the  case,  all  damages  occasioned  by  the  repair  of  the 
way,  or  paid  to  persons  injured  by  defects  therein,  caused 
by  such  excavation. 

11.  When  a  way  or  street  is  raised  or  lowered  by  a  Damages  oc- 

,    ,  , ,       .       ,     ^      ^ ,        .    .  -  casioned  by 

suiyeyor  or  person  duly  authorized,  to  the  injury  of  an    raiding  or 
owner^  of  laud  adjoining,  he  may  within  a  year  apply  in    streeS"^ 
writing  to  the  municipal  oflScers  and  they  shall  view  such  —how  deter- 
way  or  street,  and  assess  the  damaares,  if  any,  occasioned    ™ 

^11^1  -It,.,.  1  R.S..c.l871,18. 

thereby,  to  be  paid  by  the  town ;  and  any  person  ag-    §  53. 

«  See  title,  "  Gas,"  §  3. 

^  The  "owner"  at  time  of  Injury.  Sargent  v.  Machlas,  65  Maine,  591 ; 
Hovey  v.  Mayo,  43  Maine,  322.  See  also  Smith  v.  Alexandria,  33  Grattan, 
reported  in  Al.  Law  Jour.,  vol.  23,  p.  437,  and  cases  cited. 


470 


STREETS. 


Amended  by 
Act  1874,  chap. 
246. 


Sliding  and 
coasting  on 
public  streets 
regulated. 


Act  1872,  c.  42. 


Town  ways 
across  or 
under  railway, 
how  built  and 
maintained. 

Act  1878,  c.  43. 


When  not  at 
grade  expense 
adjusted  by 
railroad  com- 
missioners. 


Ibid. 


Ways  already 
laid  out. 


grieved  by  said  assessment  of  damages,  on  petition  to  the 
county  commissioners,  may  have  them  assessed  by  a 
committee  or  jury  in  the  manner  provided  respecting 
highways. 

12.Tiie  muicipal  offix^ers  may  designate  and  describe 
any  public  streets,  roads,  or  side  walks  in  their  respective 
towns,  on  which  it  shall  be  unlawful  for  any  person  to 
slide  with  a  sled^  or  other  vehicle,  under  a  penalty  not 
exceeding  five  dollars  and  the  forfeiture  of  the  sled  or 
other  vehicle  so  used,  to  be  recovered  on  complaint  to  the 
use  of  the  town  where  the  offense  is  committed.  When 
any  streets,  roads,  or  sidewalks  have  been  designated 
and  described  as  provided  above,  the  municipal  officers 
shall  cause  the  same  to  be  recorded  in  the  records  of  the 
town,  and  their  action  shall  be  valid  and  in  force  until 
modified  or  annulled  by  like  authority,  and  it  shall  be  the 
duty  of  police  officers  and  constables  to  enforce  the  pro- 
visions of  this  act,  and  make  complaint  of  all  violations 
thereof. 

13.  Townways  and  highways  may  be  laid  out  across, 
over  or  under  any  railroad  track,  in  the  manner  provided 
by  law  for  laying  out  such  ways  ;  and  when  such  waj^ 
crosses  such  track  at  grade,  the  expense  of  building  and 
maintaining  so  much  of  such  way  as  is  within  the  limits 
of  such  railroad,  shall  be  borne  by  the  railroad  company 
whose  track  is  so  crossed  ;  and  when  such  way  is  laid  out 
under  or  over  such  track,  and  not  at  grade  the  expense  of 
buildinoj  and  maintaining  so  much  thereof  as  is  within  the 
limits  of  such  railroad,  shall  be  borne  by  such  railroad 
company,  or  by  the  city  or  town  in  which  such  way  is 
located,  or  be  apportioned  between  such  railroad  com- 
pany and  such  city  or  town,  as  may  be  determined  by  the 
railroad  commissioners,  upon  petition,  and  after  notice 
and  hearing  of  the  parties.  Either  party  aggrieved  by 
their  decision  thereon  may  appeal  therefrom  to  the 
supreme  judicial  court,  at  any  time  after  such  decision 


«  A  boy  coasting  upon  a  sled  is  not  a  defect  or  want  of  repair  in  the  high- 
way for  which  a  city  is  liable  to  a  person  struck  by  the  moving  sled.  Pierce 
V.  New  Bedford,  129  Mass.,  534,  and  cases  cited  Shepherd  v.  Chelsea,  4  Allen, 
113;  Barber  v.  Roxbury,  11  Allen,  318;  Hutchinson  v.  Concord,  41  Vt.  271. 


STREETS.  471 

has  been  made,  in  writing,  and  before  the  next  term  of 
said  court  within  and  for  the  county  in  whicl;i  such  way  is 
located,  at  which  term  such  appeal  may  be  entered  and 
prosecuted  by  the  party  appealing.  If  the  party  appeal- 
ing fails  to  appear  at  that  term  to  prosecute  the  appeal, 
the  decision  of  the  railroad  commissioners  shall  be  final 
and  conclusive.  If  the  appeal  is  then  entered,  not  after- 
wards, the  court  may  appoint  a  committee  of  three  disin- 
terested persons,  not  residents  of  the  county  in  which 
such  way  is  located,  who  shall  be  sworn,  and  if  one  of 
them  dies,  refuses  to  act,  or  becomes  interested,  the  court 
may  appoint  another  in  his  place ;  and  they  shall  give 
such  notice  as  the  court  has  ordered,  view  the  way  in 
question,  hear  the  parties,  and  make  their  report  at  that 
or  the  next  term  of  the  court  after  their  appointment, 
whether  the  decision  of  the  railroad  commissioners  should 
be  in  whole  or  in  part  affirmed  or  reversed,  which  being 
accepted,  and  judgment  thereon  entered,  shall  be  final 
and  conclusive  in  the  case.  Costs  may  be  taxed  and 
allowed  to  either  pai-ty,  at  the  discretion  of  the  court.  In 
case  of  such  ways  already  so  laid  out,  over  or  under  any 
railroad  track,  and  not  at  grade,  the  expense  of  building 
and  maintaining  so  much  of  such  way  as  is  within  the 
limits  of  such  railroad,  shall  be  borne  as  provided  above, 
the  question  to  be  determined  upon  application  of  any 
railroad  company  whose  track  is  so  crossed,  made  within 
sixty  days  after  notice,  in  writing,  hereafter  served  on 
such  railroad  company  by  the  municipal  officers  of  any 
city  or  town  in  which  such  way  is  located,  requesting 
such  railroad  company  to  build  and  maintain  so  much  of 
such  way  as  is  within  the  limits  of  their  road.  All  pro- 
visions of  any  act  incgnsistent  with  this  act  are  hereby 
repealed. 

14.  When  a  town  has  duly  accepted  a  town  way,  and  Town  may  re- 
said  town  way  is  subsequently  discontinued  by  the  county    ^l     disco^. 
commissioners  on  appeal,  before  such  road  shall  have    tinued. 
been  opened  for  travel,  such  town  may  at  its   annual  Act  i878,  c  4i. 

29 


472  STREETS. 

meeting,  holden  wi-tliin  three  years  thereafter,  by  a 
majority  of  Ihe  voters  present  and  voting,  reinstate 
and  lay  out  such  town  way,  under  an  article  in  the 
warrant  for  such  meeting,  for  such  purpose.  And  the 
damages  shall  be  assessed,  and  the  owners  of  the  land 
over  which  said  way  passes  notified  thereof  by  the  muni- 
cipal officers,  within  thirty  days  after  said  meeting  ;  and 
any  person  so  damaged,  dissatisfied  with  the  amount  of 
damages  allowed,  may  petition  the  county  commissioner 
within  fifteen  days  after  said  notice,  for  an  increase  of 
damages,  and  such  action  shall  be  had  thereon  as  isnow 
provided  in  case  of  town  ways  laid  out  on  petition,  but 
nothing  in  this  act  shall  affect  any  proceedings  or  rights  now 
pending.  A  town  way  so  re-established  and  laid  out  shall 
not  be  discontinued  for  five  years  thereafter. 
Public  high-  15.  That  the  county  commissioners  of  the  county  of 

way  may  be     Cumberland,  on  petition  of  one  hundred  or  more  citzens 

constructed  in      ^       .  ,  ,       ,  tit  -  i       •       i         i 

Portland  into    ^^  ^^^^  couuty,  be  and  hereby  are  authorized  and  empow- 

tide-waters.      ered  to  locate  a  public  highway  in  the  city  of  Portland, 

Ferrywayand    extending  into  tide  waters    of  sufficient  depth,  with  a 

ntmg.  good  substantial  ferry- way^  and  landing  therein,  suitable 

1873,  c.  375.       ^^V  the  passage  and  accommodation  of  teams  and   foot 

passengers,  with  right  to  take  private  property  therefor, 

in  like  manner  and  effect  as  in  locating  other  highways  in 

said  county.     Said  highway  and  landing  shall  be  governed 

and  controlled  by  said  city  of  Portland,  and  so  much  of 

said  higl\way  and  landing  as  is  not  required  for  said  ferry 

purposes  may  be  used  or  leased  by  said  city  for  any  other 

purpose. 

Towns  may  16.  Towus  may  raise  moncy  for  the  repair^^  of  bridges 

assess  money    ^iid  ways,  and  direct  the  same  to  be  assessed  and  col- 

andwa/s^as     lected  as  other  town  taxes,  to  be  expended  for  the  pur- 

RS^i8n?c!'i8  P^^®  ^^  *^^  selectmen  or  by  road  commissioners,  as  the 

§  55-  town  directs. 

Ways  to  be  17^  Highways,  town  ways  and  streets,  legally  estab- 

kept  open  and  tit,  '       &      j 

in  repair.         lished,  are  to  be  opened  and  kept  in  repair  so  that  they 

R.  S.,  1871,  c. 
18,  §  40. 

8  See  title,  "  Ferries  ;"  8U2)ra. 

10  As  to  meaning  of  word  "repair,*'  Todd  v.  Rowley,  8  Allen,  51. 


STKEETS.  .  473 

are  safe^^  and  convenient  for  travelers^ 2  ^jth  horses,  teams 
and  carriages.  In  default  tliereof,  those  liable  may  be 
indicted,  convicted,  and  a  reasonable  fine  imposed  there- 
for. 

18.  When   a  way   is   established   on   a  line   between  waysonUne 
towns,  their  municipal  officers  shall  divide  it  crosswise,   ^t^een 

'        •  *  ^  ^  .  towns. 

and  assign  to  each  town  its  proportion  thereof  by  metes  j^. ^  .  ^^ 
and  bounds,  which,  within  one  year  thereafter  being  ac- 
cepted by  each  town  at  a  legal  meeting,  shall  render  each 
town  liable  in  the  same  manner,  as  if  the  way  were  wholly 
within  the  town  ;  when  a  division  of  it  is  not  so  made,  the 
selectmen  of  either  town  may  petition  the  county  commis- 
sioners, who  are  to  give  notice  by  causing  a  copy  of  such 
application  with  their  order  thereon,  appointing  a  time 
and  place  of  hearing  to  be  served  upon  the  clerk  of  each 
town  for  thirty  days,  or  by  causing  it  to  be  published  in 
some  newspaper  printed  in  the  county  for  three  weeks 
previous  to  the  time  appointed ;  and  after  hearing  the 
parties  they  may  make  such  division. 

19.  A  hisjhway  may  be  laid  out  on  the  line  between 

^. /.-..,,     .         .  1  -.    .,  •       How  divided, 

towns,  part  of  its  width  being  m  each,  and  the  commis-    and  repaired. 

sioners  may  then  make  such  division  of  it  and  enter  the  ibid.  §  42. 
same  of  record,  and  each  town  shall  be  liable  in  all  re- 
spects, as  if  the  way  assigned  to  it  were  wholly  in  the 
town. 

20.  When  the  municipal  officers  are  appointed  survey- 
ors of  highways  by  a  town,  they  may  in  wiiting  delegate  Municipal  offi^ 
their  power  or  part  of  it  to  others.     They  shall  annually,    umits  to  sur- 
before  the  tenth  day  of  May,  make  a  written  assignment    veyors. 

of  his  division  and  limits  to  each  surveyor  of  highways,  to  ^^^*  §  ^' 
be  observed  by  him. 

"  "  Safe  and  convenient."  These  words  mean  reasonably  so.  Ibid.  This 
point  fully  discussed  in  the  following  cases:  Church  v.  Cherryfleld,  33 
Maine,  460;  Rogers  v.  Newport,  62  Maine,  101 ;  Perkins  v.  Fayette,  68 Maine, 
152;  Farrell  v.  Oldtown,  69 Maine,  72.  For  further  cases  as  to  what  consti- 
tutes a  defect,  see  cases  under  §  22,  of  this  chapter. 

"  It  is  only  those  who  are  using  way  as  "  travellers"  that  can  recover  for 
injuries  caused  by  defects.  Those  using  a  street  for  horse  racing  or  for  a 
play  ground,  or  for  any  purpose  except  as  a  thoroughfare  for  travel  cannot 
clahn  rights  as  travellers.  McCarthy  v.  Portland,  67  Maine,  167;  Leslie  v. 
Lewiston,  62  Maine,  468;  Stinson  v.  Gardiner,  42  Maine,  248;  Philbrick  v. 
Pittston,  63  Maine,  477. 


474 


STKEETS. 


Towns  raise 
money. 
Lists,  &c. 
Ibid.  §  44. 


Person  injured 
by  defect  in 
highway  may 
recover  dam- 
ages. 

Act  1877,  C.52O6, 
amending  R. 
S.  1871,  c.  18, 


21.  Each  town  shall  annually  raise  money  to  be  ex- 
pended on  the  town  and  highways,  to  be  assessed  as 
other  town  charges.  The  assessors  shall  deliver  to  each 
surveyor,  on  or  before  the  tenth  day  of  May,  a  list  of  the 
persons  and  of  the  assessments  on  them  to  be  expended 
within  his  limits.  Two-thirds  thereof  are  to  be  so  ex- 
pended before  the  first  day  of  the  next  July. 

22.  If  any  person^^  receives  any  bodily  injury,  or  suf- 
fers any  damage  in  his  property,  through  any  defect  or 
want  of  repair  or  suflScient  railing,  in  any  highway,  town- 
way,  causeway  or  bridge,  he  may  recover  for  the  same, 
in  a  special  action  on  the  case,  to  be  commenced  within 
one  year  from  the  date  of  receiving  such  injury,  or  suffer- 
ing damage,  of  the  county  or  town  obliged  by  law  to  re- 
pair the  same,  if  the  commissioners  of  such  county,  or  the 

18  Some  leading  decisions  on  this  statute  are  collected  and  grouped  as  fol 
lows :  What  constitutes  a  defect?  This  question  is  one  of  fact,  for  the"  jury 
to  decide  under  all  the  circumstances.  Tbe  following  cases  show  diflferent 
conditions  of  way  which  have  been  passed  upon  by  courts  and  juries. 
Weeks  v.  Parsonsfleld,  65  Maine,  285 ;  Church  v.  Cherryfield,  33  Maine,  4G0 ; 
Bartlett  v.  Kittery,  68  Maine,  358;  Butler  v.  Bangor,  67  Maine,  385;  Ray- 
mond V.  Lowell,  6  Cush.,  534.  Towns  are  not  always  compelled  to  keep 
their  ways  free  from  obsti^ctions  from  one  boundary  to  the  other.  This 
depends  upon  the  nature  and  amount  of  travel.  Dickey  v.  Maine  Tel.  Co.,  46 
Maine,  483 ;  Whitney  v.  Cumberland,  64  Maine,  541 ;  Howard  v.  North  Bridg- 
water, 16  Pick.,  189;  Dillon  on  Mun.  Corp.,  §  787  and  notes.  WHiere  there 
is  no  dispute  about  the  facts  the  question  of  defect  is  a  question  of  Imo. 
Witham  v.  Portland,  72  Maine,  — ;  King  v.  Thompson,  87  Penn.,  369;  Cush- 
ing  V.  Boston,  124  Mass.,  437. 

Want  of  railings  or  barriers.  If  railings  are  necessary  for  security  of 
travellei's  tov^^s  must  furnish  same.  Rowell  v.  Lowell,  7  Gray,  100;  Blais- 
dell  V.  Portland,  39  Maine,  113;  Stinson  v.  Gardiner,  supra;  Burnham  v. 
Boston,  10  Allen,  290.  • 

Defects  in  Bridges.— Gregory  v.  Adams,  14  Gray,  242;  Heland  v.  Lowell, 
3  Allen,  407;  Hai-riman  v.  Boston,  114  Mass.,  241;  Crosby  v.  Boston,  118 
Mass.,  71 ;  Nebraska  City  v.  tlambell,  2  Black,  590. 

Defects  in  Sidewalks.— Bacon  v.  Boston,  3  Cush.,  174;  Witham  v.  Portland, 
supra;  RajTuond  v.  Lowell,  sujira;  Loan  v.  Boston,  106  Mass.,  450.  As  to 
liability  for  awnings  and  falling  substances,  see  various  and  somewhat  di- 
verse decisions  in  Dillon  on  Mun.  Coi'p'^,  §  789,  note. 

As  to  present  law  with  regard  to  notice  to  city,  the  statute  is  explicit; 
actual  notice  on  the  part  of  an  oilicer  means  actual  knowledge. 

Direct  and  proximate  cause,— due  care. — In  order  to  recover  of  the  city 
the  person  must  show  that  he  was  in  exercise  of  ordinary  care  at  time  of 
accident,  and  that  the  defect  was  the  direct  and  proximate  cause.  Gleason 
V.Bremen,  50  Maine,  222;  Baker  v.  Portland,  58  Maine,  199;  Garmon  v. 
Bangor,  38  Maine,  443;  Witham  v.  Portland,  supra;  4  Cush.,  247;  5  Mass., 
294;  106  Mass.,  278;  107  Mass.,  347;  117  Mass.,  204. 

The  injuiy  must  be  the  result  of  the  defect  alone.— Moultou  v.  Sanford,  51 
Maine,  127;  Perkins  v.  Fayette,  68  Maine,  152;  Card  v.  Ellsworth,  65  Maine, 
54";  114  Mass.,  507;  13  Met.,  297;  107  Mass.,  347;  115  Mass.,  571. 


STEEETS.  475 

municipal  officers,  highway  surveyors,  or  road  commis- 
sioDcrs  of  such  town  had  twenty-four  hours'  actual  notice 
of  the  defect  or  want  of  repair ;  and  any  person  who  sus- 
tains any  injury  or  damage,  as  aforesaid,  shall  notify  the 
county  commissioners  of  such  county,  the  municipal  of- 
ficers, or  some  one  of  them,  of  such  town,  within  fourteen 
days  thereafter,  by  letter  or  otherwise,  in  writing,  setting 
forth  his  claim  for  damages  and  specifying  the  nature  of  his 
injuries  and  the  nature  and  location  of  the  defect  which 
caused  such  injury.  If  the  life  of  any  person  is  lost 
through  any  such  deficiency,  his  executors  or  administra- 
tors may  recover  of  such  county  or  town  liable  to  keep 
the  same  in  repair,  in  an  action  on  the  case,  brought  for 
the  benefit  of  the  estate  of  the  deceased,  such  sum  as  the 
jury  may  deem  reasonable  as  damages,  if  the  parties  liable 
had  said  notice  of  the  deficiency  which  caused  the  loss  of 
life ;  at  the  trial  of  any  such  action  the  court  may,  on 
motion  of  either  party,  order  a  view  of  the  premises 
where  the  defect  or  want  of  repair  is  alleged  to  have  ex- 
isted, when  it  would  materially  aid  in  a  clear  understand- 
ing of  the  case. 

23.  No  person  shall  recover  more  than  two  thousand  ^^feVct^ln^^^ 
dollars  damages  against  any  town  or  city,  in  any  action    reco\S-^d™m^ 
on  account  of  injury  to  his  person  and  property,  by  reason    ^1^^  nog 

of  any  defect  or  want  of  repair  or  sufficient  railing,  in  any    f'2ooo. 
highway,  town  way,  causeway  or  bridge.  "^^'  ^^^'  ^'  ^^' 

24.  No  town  or  city  shall  be  liable  to  an^action  for  sjippery  side- 
the  recovery  of  damages  to  any  person  on  foot,  on  ac-    walk  no  cause 
count  of  snow  or  ice,  on  any  sidewalk  or  cross-walk,  nor   ®^^<^ti<^°' 

on  account  of  any  slippery  conditiop  of  any  sidewalk  or 
cross-walk. 

25.  No  person  shall  recover  damages  of  any  town  or  person  know- 
city,  in  any  case,  on  account  of  injury  to  his  person  and  ^^s  the  defect 
property,  by  reason  of  such  defect  or  want  of  repair,  who  no^recover 
has  notice  of  the  condition  of  such  way  previous  to  the  imiess  he  has 
time  of  the  injury,  unless  he  has  previously  notified  the  ^^^^^^^  '^^^■ 

municipal  officers  of  such  town  or  city,  or  some  one  of 

.  "^  Repeal  of 

them,  of  the  defective  condition  of  such  way.     All  acts    inconsistent 

and  parts  of  acts  inconsistent  with  this  act  are  hereby  re-    ^*^'^- 

pealed.  ^^^- 


476 


STREETS. 


Buildings  and 
fences  exist- 
ing twenty 
years  on  a 
street  or  way 
deemed  true 
bounds. 

R.  S.,  1871,  c.  18, 
§76. 

See  alsoR.  S., 
1871,  c.  17,  §  10. 

Towns  must 
maintain 
guide  posts  at 
crossings  of 
ways. 

R.  S.,  1871,c.  18, 
.§77. 


Penalty. 


Municipal 
officers  to 
erect  guide 
posts. 

Ibid.  §  78. 


Penalty. 


In  relation  to 
laying  side- 
walks. 

Private  laws, 
1871,  c.  647. 


26.  When  buildings  or  fences  have  existed  more  than 
twenty  years  fronting  upon  any  way,  street,  lane  or  land 
appropriated  to  public  use,  the  bounds  of  which  cannot 
be  made  certain  by  records  or  monuments,  such  buildings 
or  fences  shall  be  deemed  to  be  the  true  bounds  thereof. 
When  the  bounds  can  be  so  made  certain,  no  time  less 
than  forty  years  will  justify  their  continuance  thereon, 
and  on  indictment  and  conviction  they  may  be  removed. 

27.  Towns  shall  erect  and  maintain  at  all  crossings  of 
highways,  and  where  one  public  highway  enters  another, 
substantial  guide  posts  not  less  than  eight  feet  high,  and 
have  fastened  to  the  upper  end  of  each  a  board,  on  which 
shall  be  plainly  printed  in  black  letters  on  white  ground, 
the  name  of  the  next  town  on  the  route,  and  of  such 
other  place  as  the  municipal  officers  direct,  with  the 
number  of  miles  thereto,  and  the  figure  of  a  hand  with 
the  forefinger  pointing  thereto;  and  for  any  neglect 
herein,  towns  shall  be  subject  to  indi'ctment,  and  fine  not 
exceeding  fifty  dollars. 

28.  If  the  municipal  officers  of  any  town  unreasonably 
neglect  to  cause  a  guide  post  to  be  erected  in  their  town 
as  provided  by  law,  they  shall  forfeit  and  pay  five  dollars 
for  each  month's  neglect,  to  be  recovered  in  an  action  of 
the  case  by  and  to  the  use  of  any  person  suing  therefor. 
Plantations  assessed  in  state  or  county  taxes,  and  their 
officers,  are  under  the  same  obligations  and  subject  to  the 
same  pennies  in  these  respects  as  towns. 

29.  The  city  of  Portland  may  at  their  option  without 
notice,  and  under  such  regulations  or  orders  as  they  may 
have  established  or  passed,  or  may  hereafter  establish  or 
pass,  construct  sidewalks  or  footways,  laid  with  brick, 
flat  stones,  concrete,  or  other  materials,  with  suitable, 
curbs,  on  any  street  or  portion  thereof,  and  direct  one- 
half  the  cost  thereof  to  be  assessed  on  adjacent  lots,  and 
for  that  purpose  may  direct  the  curb  to  be  set  at  any  time 
previous  to  the  construction  of  the  walk,  and  cause  the 
cost  of  the  curb  and  the  cost  of  the  paving  of  the  walk  to 
be  assessed  separately,  as  each  is  or  may  be  done  ;  pro- 
vided that  no  owner  or  proprietor  shall  be  assessed  for 
more  than  two  hundred  feet  in  length  of  sidewalk  or  foot- 


STREETS.  477 

way,  on  any  one  street  in  front  of  any  unimproved  lots 
or  parcels  of  land.  The  expense  of  said  walks^^  complete, 
or  of  said  curbs,  or  of  said  paving,  shall  be  estimated  and 
assessed  within  one  year,  by  the  mayor  and  aldermen  of 
said  city,  on  the  several  lots  chargeable  therewith,  and  by 
them  certified  to  the  city  treasurer,  in  the  manner  and  with 
all  rights  to  the  parties  interested,  as  provided  in  section 
twenty-four  of  the  act  to  which  this  is  additional,  and  be 
enforced  as  therein  provided,  but  said  assessment  shall 
at  any  time  be  corrected  on  due  notice,  and  certified  anew 
by  the  mayor  and  aldermen  aforesaid,  and  no  assessment 
shall  be  void  by  reason  of  error  in  the  name  of  the  owner 
or  occupant  of  the  lot  assessd,  provided  the  lot  assessed 
is  so  described  that  the  same  may  be  distinctly  known. 

Ordinances. 

1.  The  several  streets  of  the  city  shall  continue  to 

be  called  and  known  by  the   names  given  to  them  Streets  to  be 
respectively  by  the  selectmen  of  the  town  of  Portland,   continued. 

,  T  Til  ,  .  .        ^^v-  <^^-'  1868. 

the  mayor  and  aldermen  of  the  city,  or  the  city 
council,  until  the  same  shall  be  altered  by  the  city 
council. 

2.  There  shall  be  appointed,  annually,  by  the  city^^ 

council,  a  joint  committee  to  be  called  the  committee   laying  out  new 
on  layinor  out  new  streets,  to  consist  of  three  members   ^^^**  *^  ^ 

x«     1        1  1       /»  appointed. 

ot  the  board  of  mayor   and   aldermen,    and   three  ibid. 
members  of  the  common  council. 

3.  Said  committee,  when  thereto  directed  by  vote  committee  to 
of  the  city  council,  shall  lay  out,  widen  or  otherwise  layout,  &c. 
alter  any  street  or   public   way,  and   estimate   the  ^  ^  ^ 
damages  any  individual  may  sustain   thereby ;  and  '^^^^g^ 
they  shall  report  to  the  city  council,  the  laying  out  or  ^^^  ^^^^^ 
alteration  of  such  street  or  way,  with  the  boundaries  city  coimciL 
and  admeasurements  thereof,  together  with  names  of  i^^ci. 

"  See  full  law  of  1870,  c.  348,  contained  in  §§  27,  et  seq.  of  "  Charter,"  supra 

"  This  committee  for  this  purpose  represents  the  city  council.  Notices  to 
appear  before  it  are  regarded  ae  notices  to  appear  before  the  city  council. 
It  is  not  necessary  that  parties  have  notices  to  appear  before  the  city  coun- 
ciL    Preble  v.  Portland,  45  Maine,  24L 


478  STREETS. 

the  parties  to  whom   damages   have  been  assessed 
therefor. 

4.  There   shall   annually   be   elected  by  the  city 

Commissioner   council  in  convention,  an  able  and  discreet  person,  to 

ei^ected!*^^  ^  be  styled  the  commissioner   of   streets,    vrho    shall 

Ibid,  continue  in  office  until  removed,  or  until  a  successor 

To  be  sworn,     be  appointed,  and  he  shall  be  sworn  to  the  faithful 

Compensation,  performance   of  his  duty.     He    shall   receive   such 

May  be  re-        compensation  for  his  services  as  the  city  council  shall 

establish,  and  shall  be  removable  at  their  pleasure  ; 

and  in  case  said  office  shall  become  vacant  by  death, 

resignation,  or  otherwise,  a  successor  shall  be  foith- 

with  elected  in  the  manner  prescribed. 

Duties  of  com-      5.  It   shall  be  the  duty  of  the  commissioner  of 

missioner.       streets  to  keep  all  streets  within  the  city  safe  and 

convenient  for  travelers,  to  superintend  the  general 

state  of  the  streets,  sidewalks,  lanes,  alleys,  public 

siiaii  not  walks  and  squares  of  the  city,  to  attend  to  the  widen- 

giade  of         ing,  alteration  and  repairs  of  the  same ;  but  he  shall 

streets,  with-  3  ^^^  ^q  authorized  to  chano^e  the  g^rade  of  any  street, 

out,  &c.  .  . 

or  make  any  permanent  repairs  thereon ,  without  hav- 
To  make  con-    i^&  ^^^^  obtained  therefor  the  sanction  in  writing  of 
tracts.  the  committee  on  highways,  sidewalks,  and  bridges. 

He  shall  make  all  contracts  fotr  the  supply  of  labor 
To  have  charge  and  materials  for  the  same,  take  general  care  of  the 
of  teams,  &c.   Qg^y.^^  ^ud  tcams  owncd  by  the  city,  and  make  all  nec- 
essary arrangements  for  cleaning  the  streets,  disposing 
of  manure,  and  removing  house  dirt. 
Powers  of  6.  All  the   powcrs   given  to,  and  all  the  duties 

nii^I'^lr™       required  from  the  street  commissioners  of  the  town 
given  to  com-   of  Portland,  as  defined  and  declared  by  an  act  of  the 
streeTs"^^  ^     legislature,  passed  on  the  nineteenth  day  of  February, 
Ibid.  in  the  year  eighteen  hundred  and  thirty-one,  are  in 

^a^gessuttSned  ^^^^  manner  given  to  and  required  from  the  comniis- 
inconse-  sioucr  of  strccts,  and  any  damages  or  expenses  which 
neglect  of  ^hc  city  may  legally  sustain  in  consequence  of  any 
duty.  neglect  of  duty  on  his  part  shall  be  paid  by  him. 


STREETS.  479 

7.  The  commissioner  of  streets  shall  make  himself  commissioner 
acquainted  with  the  lines  and  bounds  of  streets,  and    ^^^^^^^® 

^  ^  '  acquainted 

remove  any  fences  or  other  obstructions  in  the  lanes,    witii  lines,  &c. 
alleys  and  squares,  and  he  shall  perform  generally    ^^^'^^®^^- 
such  duties  relative  to  the  same,  as  the  mayor  and 
aldermen  or  city  council  may  require.     He  shall  make  '^^  remove  ob- 

1  -11  ni.i  structions. 

such  arrangements  with  the  overseers  of  the  almshouse  t^  perform  du- 
for  the  purpose  of  procuring  labor  and  materials,  as  ties  prescribed 
the  interests  of  the  city  seem  to  require,  and  may   aidei-men  or 
have  the  teams  owned  by  the  city,  kept  at  the  city   ^^^  council, 
farm,  under  such  regulations  as  may  be  agreed  upon    arrangements 
by  him  and  the  overseers  of  the  poor,  or  whoever   fo^*  supply  of 

•^  *■  labor. 

may  have  charge  of  the  farm. 

8.  The  commissioner  of  streets  shall  as  often  as  commissioner 
once  in  every  month,  discharge  all  bills  by  him  con-   charge  aii 
tracted  as  commissioner,  by  funds  to  be  supplied  to   ^^"^  ^°^®  * 

-  .        _  month, 

him  from  the  money  received  and  appropriated  for  ibid. 
that  purpose,  and  also  render  to  the  board  of  aldermen  '^countto  board 
a  regular  and  complete  account  of  the  expenditures    o^  aldermen, 
by   him   incurred,    which   account  shall  be  audited   count  of  re- 
monthly  by  said  board,  and  he  shall  also  keep  an    ^^^g^^^^g 
accurate  account  of  all  his  receipts  and  expenditures,  to  present an- 
and  present  the  same  to  the  committee  of  accounts   ^^^^  account. 
for  their  examination  and  approbation,  annually,  that 
the  same  may  be  laid  before  the  city  council. 

9.  It   shall   be   the  duty  of  the  commissioner  of 

'^  To  cause  stone 

streets  to  cause  stone  monuments  to  be  erected  at  monuments  to 
suitable  places  in  any  street,  alley,  square,  or  public   ^^herTc^' 
place,  when  thereto  directed  by  the  committee  on  ibid. 
laying  out  streets,  or  the  city  engineer ;  and  all  mon- 
uments so  erected   shall  be  recorded  in  the  street  To  be  recorded, 
books. 

10.  No   person   shall   remove,    or    cause    to    be 

-,  i      1  T      ,    .T  /»  Monuments  not 

removed,  any  monument  placed  at  the  comer  of  any  to  be  removed 
street,  or  on  the  line  of  any  street,  to  mark  the  width  ^"^^^t'  *c. 
or  course  of  such  street,  without  the  peimission,  in  ^''^' 


.    / 


480  STREETS. 

Penalty.  Writing,  of  the  mayor  and  aldermen  first  obtained, 

under  a  penalty  of  twenty-five  dollars  for  each  offence. 
Dangerous  lots      11.  Owners  and  lessees  of  any  lot  of  land  abutting 
fn^'f  *°  ^®    on  any  street,  lane,  or  private  way  in  this  city,  which 
Ibid.  for  want  of  a  fence  or  rail  shall  be  dangerous,  shall 

place,  or  caused  to  be  placed  in  front  of  said  lot, 
upon  or  near  the  line  of  said  street,  lane,  or  private 
way,  a  fence,  rail,  or  guard,  which  in  the  opinion  of 
the  street  commissioner  shall  be  a  sufficient  guard  or 
protection  to  the  public  from  danger,  by  reason  of 
the  situation  of  such  lot.  And  if  any  owner  or  lessee 
of  such  lot  shall  refuse  or  neglect  compliance  with 
Penalty  ^^®  requirements  of  this  section,  he  shall  on  convic- 

tion pay  a  penalty  of  not  less  than  one  dollar  nor 
more  than  five  dollars  for  every  day  during  which 
such  lot  shall  remain  unfenced ;  and  if  the  owners  or 
lessees  aforesaid  shall  neglect  or  refuse  for  two  days 
after  notice  in  the  premises,  from  the  city  marshal  or 
^^  ^        ,     any  police  officer,  to  build  or  cause  to  be  built  such 

street  commis-     ,        ^ 

sioner  shall     fcucc  or  guard,  the  street  commissioner  shall  forth- 
be^enced.  ^    ^^^^  cause  a  proper  fence  or  rail  to  be  constructed  in 

front  of  such  lot,  at  the  cost  of  the  owners  or  lessees 

thereof. 

12.  No  person  or  persons  shall  break  or  dig:  up,  or 

streets  not  to  •   .    •       i         i  .  •,.       .  « 

be  dug  up,  or   assist  lu   breaking  or  digging  up,  any  part  ot  any 
gravel  re-        street,  or  rcmove  any  travel  or  other  similar  thing: 

moved  from,  .  . 

without  therefrom,  without  having  first  obtained  the  license 

ujid^^ '   ^      ^^  *^®  mayor  and  aldermen  in  writing,  or  of  some 
person  by  them  authorized  for  that  purpose,  under  a 
penalty  of  not  less  than  five  nor  more  than  twenty 
dollars ;  and  a  like  sum  for  ev^ery  day  that  he  shall 
Penalty.  neglect  or  refuse  to  repair  the  same,  to  the  satisfac- 

tion of  the  mayor  and  aldermen, 
streets  broken       ^^'  Whosoever  shall,  by  virtue  of  such  license, 
up  shall  be      break  or  dig  up,  or  cause  to  be  duo:  or  broken  up, 

repaired.  /.  ^  ' 

any  part  of  any  street,  shall,  within  such  time  as  the 
mayor  and  aldermen,  or  some  person  by  them  author- 


ed 


STREETS.  481 

ized,  may  order,  cause  the  same  to  be  repaired  and 
amended,  to  the  satisfaction  of  the  mayor  and  alder- 
men, under  a  penalty  of  not  less  than  five  nor  more  Penalty. 
than  twenty  dollars  for  each  and  every  day  that  he  or 
they  shall  neglect  or  refuse  so  to  do  after  such  order. 

14.  No  person  shall  open  or  make  any  drain  or 
aqueduct,  or  repair  the   same,  by   digging   up  the  ^^q^^^j;^^'*^^^,^ 
ground  in  any  street,  court,  alley,  or  other  public    opened  or  re- 
place in  the  city,  without  first  obtaining  a  license   outuirsf' 
therefor  from  the  mayor  and  aldermen,  or  from  some  ibid. 
person  by  them  authorized,  in  writing,  specifying  in  Penalty, 
what  street,  court,  alley,  or  public  place  the  drain  or 
aqueduct  is  to  be  made  or  repaired.     And  the  person 

who  shall  dig,  make  or  repair,  or  cause  to  be  dug, 
made  or  repaired,  any  drain  or  aqueduct  than  as  above 
stated,  shall  for  each  offense  forfeit  and  pay  a  sum  not 
less  than  five  nor  more  than  twenty  dollars,  and  a  like 
penalty  for  every  day  that  the  same  shall  continue 
open. 

15.  When  any  person^^  has  obtained  a  license  to  when  ucense 
open  or  make  or  repair  a  drain  or  aqueduct,  he  shall   opST drain, 
complete  and  finish  the  same  with  all  possible  dis-   &c.,  streets  to 
patch,  and  shall  in  filling  and  covering  up  the  same,    satiTfactii^n  of 
do  it  to  the  satisfaction  of  the  commissioner  of  streets  ;   commissioner. 

Ujid. 

and  in  case  of  neglect  so  to  do,  the  said  commissioner  ButseeOrd  of 
shall  cause  the  same  to  be  done  in  suitable  manner,  at   Sept.  u,  i869. 
the  expense  of  the  person  to  or  for  whom  said  license 
was  ofranted,  and  one-half  of  the  street  shall  be  kept  one  half  of 

^  ^ -to  be 


constantly  open  for  the  passing  of  teams  or  carriages,   teptopen. 
and  the  person  who  shall  dig,  make  or  repair  any  ^    on\   t 
drain  or  aqueduct,  shall  keep  a  good  and  sufficient   Juiy  u,  i869, 
fence  or  railing  around  the  same  during  the  whole*  *^^ "  ^''*'" 
time  of  making  or  repairing  thereof,  except  when  the   up. 
laborers  are  actually  at  work ;  and  a  lighted  lantern  To  be  lighted. 

"  This  section  is  amended  by  §§  77  and  18  post  of  this  chapter,  ortlinances 
of  July  and  September,  1869. 


482 


STREETS. 


Penalty. 


Notice  to  be 
given  of  inten- 
tion to  build. 

Portion  of 
street  to  be 
allotted. 


Portion  allot- 
ted to  be  used 
for  building 
materials,  &c. 


Rubbish,  &c., 
to  be  carried 
away. 


In  case  of  neg- 
lect, to  be  re- 
moved at  ex- 
pense of  per- 
son. 


To  be  lighted. 
Penalties. 

Ibid,  as  amend- 
ed by  city 
charter,  §  10. 


or  some  other  proper  and  sufficient  light,  shall  be 
fixed  into  some  part  of  such  fence,  or  in  some  other 
proper  manner,  over  or  near  such  open  drain  or 
aqueduct,  from  twilight  in  the  evening  until  daylight 
in  the  morning,  during  all  the  time  such  drain  or 
aqueduct  shall  be  open,  or  in  a  state  of  repair ;  and 
whosoever  shall  be  guilty  of  a  breach  of  any  part  of 
this  section  shall  be  liable  to  a  penalty  for  each  offence 
of  not  less  than  ten  nor  more  than  fifty  dollars. 

16.  Every  personi'''  intending  to  erect  or  repair  any 
building  upon  land  abutting  on  any  of  the  streets, 
shall  make  the  same  known  to  the  mayor,  who  shall 
have  power  and  authority  to  allot  such  portion  of  the 
street,  thereto  adjoining,  as  he  shall  deem  expedient 
and  necessary,  on  which  to  deposit  materials  for  the 
work  provided,  that  not  more  than  one-half  of  the 
width  of  the  street  shall  be  so  occupied.  And  the 
part  or  portion  so  allotted,  and  no  other  part  of  said 
street  shall  be  used  for  laying  the  materials  for  any 
such  building  or  repairing,  and  for  receiving  the 
rubbish  arising  therefrom.  And  all  the  rubbish  aris- 
ing therefrom  or  thereby  shall  be  carried  away  by  the 
person  or  persons  so  building  or  repairing,  at-  such 
convenient  time  as  the  mayor,  as  aforesaid,  may  direct, 
and  in  case  of  neglect  or  refusal  so  to  do,  it  shall  be 
removed  by  the  commissioner  of  streets,  or  other 
person  authorized  as  aforesaid,  at  the  expense  of  such 
person  or  persons.  And  in  all  cases  the  portion  so 
allotted  shall  be  enclosed  and  lighted  as  prescribed  in 
the  preceding  section.  Every  person  ofiending  against 
any  of  the  provisions  of  this  section  shall  be  liable 
^o  a  penalty  for  each  offence  of  not  less  than  five  nor 
more  than  twenty  dollars,  and  a  like  sum  for  every 
day  such  offence  shall  be  continued  or  repeated. 


"  This  section  is  amended  by  ordinance  July  19, 1869,  §  77,  post. 


STREETS.  483 

17.  No  person  shall  place  or  cause  to  be  placed  in  Lumber, stones 
any  of  the  streets,  alleys,  squares,  or  other  public  Materials  n?t 
places  of  the   city,  any  lumber,  stone,  or  building  to  be  placed  m 

streets  to  re- 

materials  of  any  kind,  and  suffer  the  same  to  remain   mam  over  sLx 
over  six  hours,  without  the  permission  of  the  mayor  ^''"''^• 
and  aldermen,  or  of  some  person  by  them  authorized,  penalty. 
and  every  person   offending   against   either   of  the  ibid. 
provisions  of  this  section  shall  be  liable  to  a  penalty 
of  not  less  than  five  nor  more  than  twenty  dollars  ^^^  ^^  ^■ 

•^  moved  at  ex- 

for  each  offence,  and  the  city  marshal  may  remove  any  penseof  own- 
such  lumber  or  other  materials  at  the  expense  of  the   ®^' 
owner  or  owners  thereof. 

18.  When  the  owner  or  owners  of  any  such  articles  Proceedings 
mentioned  in  the  preceding  section,  shall  be  unkno^^Ti,    ^f^^se^tTre-^ 
or  beinor   known,  after  notice  by  the  city  marshal,   move  them. 

.      .  Ibid. 

shall  neglect  or  refuse  to  remove  the  same  within  the 
space  of  twenty-four  hours,  unless  the  mayor  and 
aldermen  or  some  person  by  them  authorized  shall 
give  permit  that  the  same  may  longer  remain,  it  shall  ' 
be  the  duty  of  the  city  marshal,  or  deputy  marshals, 
to  cause  the  same  to  be  advertised,  and  unless  such 
articles  or  things  shall  be  duly  removed,  within  forty- 
eight  hours  after  the  same  shall  be  so  advertised,  and 
the  cost  thereof  paid,  he  shall  cause  the  same  to  be 
sold  at  public  auction,  and  after  deducting  the  reason-  To  be  sold  at 

auction. 

able  expenses  and  charges  of  such  sale,  he  shall  pay 
the  balance  into  the  city  treasury. 

19.  No  person  shall  blast  any  rock  or  other  sub- 
stance with  orunpowder  at  any  place  within  fifty  rods  ^'o  person  to 

blast  rocks 

of  any   street   or  public   place  in  the  city,  without   mthinfiftj- 
license   of  the   mayor   and    aldermen,    in    writing,    ^^^0""^/*^^*' 
specifying  the  te1:'ms  and  conditions  on  which  said   license, 
license  is  granted,  under  a  penalty  of  not  less  than  i^^<i- 
twenty  dollars  for  each  offense ;  provided,  however,  penalty, 
that  the  remedy  of  any  person  injured  by  the  blasting 
of  rocks  shall  not  be  affected  by  this  section. 


484 


STREETS. 


Persons  not  to 
play  bat  and 
ball. 

Not  to  throw 
snow  balls. 

Ibid. 

Penalties. 

Not  to  shoot 
with  bow  and 
arrow. 

Penalty. 

Ibid. 

Not  to  fly  kites. 

Ibid. 

Not  to  coast  on 
sleds  or  skate. 

Penalty. 

Gaming  tables 
and  devices 
not  to  be 
exposed  in 


Ibid. 

No  person  to 
play  at  unlaw- 
ful games  in 
street. 


No  person  to 
swim  or  bathe 
in  exposed 
situations. 

Ibid. 

Penalty. 


Manure  not  to 
be  taken  from 
streets  with- 
out permis- 
sion. 

Ibid. 


20.  No  person  shall  play  at  bat  and  ball,  or  foot 
ball,  or  throw  stones,  brick  bats,  clubs,  or  snow  balls 
within  any  of  the  streets,  alleys,  squares,  or  other 
public  places  of  the  city,  under  a  penalty  of  not  less 
than  one  nor  more  than  twenty  dollars  for  each  oifence. 

21.  No  person  shall  shoot  with  or  use  a  bow  or 
arrow,  in  any  street,  alley,  or  square  within  the  city, 
under  a  penalty  of  not  less  than  one  nor  more  than 
twenty  dollars  for  each  offence. 

22.  If  any  person  shall  in  any  street,  alley,  or 
public  place  set  or  fly  a  kite,  or  shall  course  or  coast 
upon  a  sled^^  or  skate  on  any  side  walk  in  the  city, 
such  person  shall  forfeit  and  pay  for  each  offence  a 
sum  not  less  than  one  nor  more  than  ten  dollars. 

23.  No  person  shall  expose  in  any  street,  alley, 
square,  or  other  public  place,  any  table  or  device  of 
any  kind  whatsoever,  upon  or  by  which,  any  game  of 
hazard  or  chance  can  be  played,  and  no  person  shall 
play  at  any  such  table  or  device,  or  at  any  unlawful 
game  in  any  street,  alley,  square  or  other  public  place,  or 
on  any  of  the  wharves,  under  a  penalty  of  not  less 
than  five  nor  more  than  twenty  dollars  for  either  of 
said  offences. 

24.  No  person  shall  swim  or  bathe  in  the  waters 
surroundipg  the  city,  which  are  adjacent  to  any  of  the 
wharves,  bridges,  avenues,  or  railroads  leading  into 
the  same,  so  as  to  be  exposed  to  view  of  spectators, 
under  a  penalty  of  not  less  than  five  nor  more  than 
twenty  dollars  for  each  offence. 

25.  No  person  shall  take  or  carry  away  any  street 
dirt  or  manure,  collected  from  any  street  or  public 
place  in  the  city,  without  permission  of  the  commis- 
sioner of  streets  first  obtained,  under  a  penalty  for 
every  offence  of  not  less  than  three  nor  more  than 
ten  dollars. 


"  See  §  12  and  note,  supra. 


STREETS.  485 

26.  No  person  shall  obstruct  any  street,  or  any  part  streets  shau 
thereof,  by  placing  therein  any  house,  barn,  stable,  g^uctedby 
shop,  or  other  buildinof,  and  no  person  shall  remove    moving  of 

.      ^'  ^'  ^  buildings. 

or  draw  through  or  upon  any  street,  any  house,  barn, 
stable,  shop,  or  other  building,  without  first  obtaining 
permission  of  the  mayor  and  aldermen,  and  filing  a 
bond  with  sufficient  sureties,  approved  by  the  mayor,  nji^. 
with  the  treasurer  of  the  city,  conditioned  to  indem-  Building  ob- 
nify  the  city  for  all  damages  sustained  by  drawing  or   gj^^g^^^^^  ^ 
moving  such   building;   and   if  any   building   shall   removed  at 
remain  in  any  street  or  place,  beyond  the  time  allowed   o^ers!  ^ 
by  such   permit,   it   shall  be  the  duty  of  the  city 
marshal,  when  directed  by  the  mayor  and  aldermen, 
to  cause  such  building  to  be  taken  down  or  removed 
out  of  the  street  at  the  expense  of  the  oTsiier  thereof. 

27.  Any   person   ofiending   against  either   of  the  Penalties, 
pro^asions  of  the  preceding  section  shall  forfeit  and  ^^*^" 
pay  for  each  ofience  a  penalty  of  not  less  than  fifty 
dollars,  and  shall  further  be  liable  to  indemnify  the 

city  for  all  damages  to  which  it  may  be  subjected  in 
consequence  of  such  violation. 

28.  No  person  shall  place,  or  cause  to  be  placed,  or 

shall  suspend  or  cause  to  be  suspended  fi-om  any  house.  No  goods  or 
shop,  store,  lot,  or  place,  over  any  street,  any  goods,   ^^^e  place? 
wares  or  merchandise  whatsoever,  or  any  other  thing,    fo  astopro- 
so  that  the  same  shall  extend  or  project  from  the  wall   street. 
or  front  of  said  house,   store,   shop,  lot,  or  place,  iwd. 
more  than  one  foot  towards  or  into  the  street,  under  Penalty. 
a  penalty  of  not  less  than  three  nor  more  than  twenty 
dollars  for  each  offence. 

29.  It  shall  be  lawful  to  place,  or  continue  to  main-  Awnings  may 
tain  awnings  and  shades  before  any  house,  shop  or   Replaced, 
store,  in  any  street,  upon  the  terms  and  under  the 
regulations  mentioned  in  this  section,  and  not  other-  Regulations, 
wise ;  provided  that  the  mayor  and  aldermen,  as  to  ^^^^' 
particular   buildings   or  streets,  may  order  that  no 
awnings  or  shades  shall  be  erected.     Such  awnings 


486  STREETS. 

or  shades  shall  be  safely  fixed  and  supported,  in  such 
manner  as  not  to  interfere  with  passengers,  and  so 
that  the  lowest  part  thereof  shall  never  be  less  than 
eiofht  feet  in  heiofht,  above  the  sidewalk  or  street,  and 
in  no  case  to  extend  beyond  the  line  of  the  sidewalk ; 
and  the  person  so  placing  or  continuing  to  maintain 
the  same,  shall  in  all  respects  conform  to  any  direc- 
tions in  relation  to  the  materials,  the  construction  and 
maintenance  thereof,  wjiich  shall  be  given  by  the 
mayor  and  aldermen.  Any  person  violating  any  of 
the  provisions  of  this  section,  or  such  directions  of 
the  mayor  and  aldermen  shall.be  liable  to  a  penalty 
of  not  less  than  three  nor  more  than  twenty  dollars, 
and  to  a  like  penalty  for  every  day  that  such  awning 
or  shade  shall  be  continued  in  violation  of  such  pro- 
vision or  direction. 
Signs,  &c.,  not  30.  No  pcrsou  shall  hang,  erect  or  fasten  any  sign, 
toproject into  gj^Q^y.^jiH,  lantern,  or  show-board  of  any  description 
Ibid.  whatever,  which  shall  project  into  any  street  more 

Penalties.         than  One  foot,  under  a  penalty  of  not  less  than  five 
nor  more  than  twenty  dollars  for  each  ofience,  and  a 
like  penalty  for  every  day  such  sign,  show-bill,  lan- 
tern, or  other  board  shall  be  continued  after  an  order 
to  remove  the  same,  given  by  the  mayor  and  alder- 
men, or  any  person  authorized  by  them. 
Making  noises       31.  No  pcrsou  shall  in  any  street  or  other  public 
bidden^*^*^^    place  make  any  loud  and  unusual  noises,  by  shouting, 
Ibid.  sounding  horns,  drums,  or  any  instrument  or  thing, 

nor  sing,  nor  utter  any  obscene  and  indecent  songs  or 
words,  nor  shall  in  any  other  unruly  or  boisterous 
manner  disturb  the  peace,  quiet  and  good  order  of 
the  city,  under  a  penalty  of  not  less  than  five  nor 
more  than  twenty  dollars  for  each  oflence. 
tiery,  &c.,in  32.  No  person  shall  stand  in  any  street  or  on  any 
streets  forbid-  sidewalk  for  the  purpose  of  ^rrindino^  cutlery,  or  for  the 

den,  unless  . 

licensed.         Sale  of  any  article,  or  for  the  exercise  of  any  other 
i^id-  business  or  calling,  unless  duly  licensed  by  the  mayor 


STREETS.  487 

and  aldermen,  under  a  penalty  of  not  than  three  nor 
more  than  twenty  dollars  for  each  offence. 

33.  No  person  shall  constructor  place,  or  cause  to  Porticoes, 

*■  '■^  porches,  Ac, 

be  constructed  or  placed,  any  portico,  porch,  door,   not  to  project 
window,  or  step  which  shall  project  into  any  street,  pen^itT^^* 
under  a  penalty  of  not  less  than  twenty  dollars  for  n>id. 
each  offence,  and  a  like  penalty  for  each  day  that  the 
said  portico,  porch,  door,  window,  or  step,  shall  be 
continued  as  aforesaid    after    notice  to  remove  the 
same  from  the  mayor  and  aldermen,  or  some  person 
by  them  authorized. 

34.  It  shall  not  be  lawful  to  construct  or  to  con- 

Cellar  doors, 

tmue  to  mamtam  any  cellar  door  or  cellar  door-way,  &c. 
in  any  sidewalk,  or  projecting  into  any  street,  for  the  ibw. 
purpose  of  being  kept  open  as  a  common  entrance, 
except  as  herein  provided.  No  occupant  or  other  per- 
son having  the  care  of  any  building,  shall  suffer  any 
cellar  door,  or  cellar  doorway,  connected  with  such 
building,  projects  into  any  street  to  remain  open,  or 
the  platform  thereof  to  be  removed  more  than  fifteen  ^^  ^  ^ 

*■  Not  to  remain 

minutes  during  any  part  of  the  night  time,  or  for  more  open  unless 
than  two  hours  in  the  whole  during  the  day  time, 
unless  duly  licensed  so  to  do  by  the  mayor  and 
aldermen,  and  in  all  cases  whenever  any  such  cellar 
door  or  door- way  shall  be  open  in  the  night  time  as 
aforesaid,  a  good  and  sufficient  light  shall  be  kept  at 
the  entrance  of  such  door  or  dooi'way.  Every  per- 
son offending  against  any  of  the  provisions  of  this  ^^fentranc? 
section  shall  forfeit  and  pay  a  penalty  of  not  less  than 

/?  1  1    n  "i  1        «.  Penalties. 

nve  nor  more  than  twenty  dollars  for  each  offence* 

35.  Every  entrance  or  flight  of  steps  descending 
immediately  from  any  street,  into  any  cellar  or  base- 
ment story  of  any  building,  where  such  entrance  or    steps  to  be  se- 
flight  of  steps  shall  not  be  safely  and  securely  covered,    ^^^^  ^'^^^ 
shall  be  enclosed  with  a  railing  on  each  side,  penna-    chains. 

Ibid. 

30 


Light  to  be 
placed. 


Penalties. 


4gg  STREETS. 

nentlyput  up,  at  least  three  feet  high  from  the  top  of 
the  sidewalk  or  pavement,  together  with  either  a  gate  to 
open  inwardly,  or  two  iron  chains  across  the  front  of 
the  entrance  way,  one  near  the  top  and  the  other 
half  way  to  the  top  of  the  railing ;  and  such  gate  or 
chains  shall,  unless  there  be  a  light  over  the  steps  to 
prevent  accidents,  be  closed  during  the  night.  And 
any  person  who  shall  be  guilty  of  a  violation  of  any 
of  the  provisions  of  this  section,  shall  he  liable  to  a 
penalty  of  not  less  than  five,  nor  more  than  twenty 
dollars,  and  a  like  penalty  for  each  and  every  day 
during  which  such  violation  continues,  which  penalty 
may  be  recovered  of  the  owner,  occupant  or  other 
person  having  charge  of  such  building. 
Apertures  and  36.  Xo  persou  shall  make,  or  cause  to  be  made, 
rbe^made"^'  any  aperture  in  or  under  any  street  or  sidewalk,  for 
without  the  purpose  of  constructing  coal-holes,  or  receptacles 

for  any  other  article,  or  for  light  or  air,  or  for  an 
entrance  or  for  any  other  purpose,  extending  more 
than  eighteen  inches  into  the  street,  without  the 
license  of  the  mayor  and  aldermen,  under  a  penalty 
Penait}-.  of  uot  Icss  than  two  nor  more  than  twenty  dollars  for 

each  ofiense,  and  a  like  penalty  for  every  day  the 
same  shall  remain  after  notice  to  securely  fill  up  and 
close  the  same,  given  by  the  mayor,  or  city  mar- 
shal,  or  deputy  mashal ;  and  no  person  shall  leave 

PiOt  to  DC  16xt 

open.  such  coal  holc  or  other  aperture  open  or  unfastened 

after  sunset,  nor  in  the  day  time  unless  w^hile  actually 
in  use,  with  a  person  or  persons  by  the  same,  under 
a  penalty  of  not  less  than  two  nor  more  than  ten  dol- 
lars for  each  offence. 

Gratings  in  37.  No  persou  shall  affix  or  place,  or  cause  to  be 

sidewalks  not      /c       j  i  i  ...  ;  , 

to  extend        atlixea  or  placed,  or  contmue  m  any  street  or  side- 
more  than       walk,  any  grating,   extendino^   more   than   eio-hteen 

eighteen  in-       .      i  .  , 

ches.  mches  mto  the   street,    without  the  license   of  the 

Penalties.         mayor  and  aldermen,  under  a  penalty  of  not  less  than 
^^^^-  two  nor  more  than  twenty  dollars  for  each  offense, 


Penalty, 


STREETS.  489 

and  a  like  penalty  for  every  week  the  same  shall 
remain  after  notice  to  remove  the  same  given  by  the 
mayor,  city  marshal,  or  deputy  marshal. 

38.  The  mayor   find   aldermen,   upon  application  Mayor  ami 
therefor,  may  authorize  the  construction  of  coal-holes    auth^ze  ^e^ 
or  apertures  for  the  purposes  herein  before  mentioned,    construction 

,  .  1  /.  1  1  .1  of  coal  holes 

and  gratmgs  therefor,  to  extend  more  than  eighteen   and  giatings. 
inches  into  the  street,  in  such  manner  as  they  deem  i'^^'^- 
suitable,  and  under  the  direction  of  the  commissioner 
of  streets,  or  some  person  by  him  authorized,  at  the 
expense  of  the  applicant ;  and  they  may  also  author- 
ize the  continuance  of  any  arratino^  already  constructed, 

•^  *=  *  /  Not  to  extend 

provided  that  in  no  case  shall  any  grating  be  author-   more  than 
ized  to  extend  more  than  three  feet  into  the  street.        ^^^^'  *®®*' 

39.  No  person  having  for  the  time  being  the  care  Horses  shaii 

n  1  J.1         1         J.     !•  1         1  •  not  be  driven 

or  use  ot  any  horse  or  other  beast  oi  burden,  carriage   in  street  at  a 
or  draught,  shall  ride  or  drive  or  cause  the  same  to   ^^^'^^  ^'^^e 

.  than  six  miles 

be  driven  through  any  part  or  the  city  at  a  taster  rate   an  hour. 
than  six  miles  an  hour,  under  a  penalty  of  not  less  n>id- 
than  five  dollars  nor  more  than  twenty  dollars  for  Penalty. 
each  offence. 

40.  No  owner  or  person  having  the  charge  of  any  Horses,  cattle 
horse,  kine,  swine,  sheep,  goat,  or  other  grazing  animal,    ^^^^  swine  not 
shall  turn  into  nor  permit  the  same  to  go  at  large  in   lar^ 

any  street,  or  public  place,  under  a  penalty  of  not  ujid. 
less  than  five  dollars  nor  more  than  twenty  dollars  for  Penalty, 
each  offence. 

41.  No  person  shall,   within  any  of  the  streets,  Horses  or  ani- 

^  I  *'          ^  '    malsnottobe 

alleys,  squares,  or  public  places  of  the  city,  by  means   frightened. 
of  any  words,  noises,  gestures,   or  any  other  act,  ™^^- 
wantonly  frighten  or  drive  any  horse,  or  other  animal  ^®°^^^' 
under  a  penalty  of  not  less  than  five  dollars  nor  more 
than  twenty  dollars  for  each  offence. 


490  STREETS. 

COMMERCIAL  STREET.  19 

42.  No  railroad  engine,  car  or  cars,  whether  sepa- 
rately, or  in  connection  with  any  train,  shall  be  allowed 

'^mcomLmS  ^^  P'"^^^  ^^  ^^  ^^^^  ^^y  P^^*  ^^  Commercial  street,  in 

street  reguiat-  this  city,  at  a  speed  exceeding  the  rate  of  six  miles 

Ibid  P®^  hour.     And  all  railroad  corporations  are  hereby 

restricted  and  prohibited  from  passing  on  or  over  said 

street,  with  any  locomotive  engine,  or  car,  or  cars, 

as  aforesaid,  at  a  speed  exceeding  the  rate  aforesaid. 

Bells  of  loco-         43.  Every  railroad  corporation  shall  cause  the  bell 

mo  n^es  o  e   ^^  ^^^^  locomotivc  engine  to  be  rung,  and  kept  ring- 

ibid.  ing,  during  the  w^hole  time  of  its  passing  on  or  over 

said  street  except  when,  to  prevent  accident,  it  may 

be  necessary  to  break  up  or  stop,  in  Avhich  case  notice 

thereof  shall  be  given  by  the  steam  whistle. 

19  Fpr  laying  out  of  Commercial  Street,  see  city  records,  book  7,  page  210. 
The  important  contract  of  the  city  with  the  Atlantic  and  St.  Lawrence  Rail- 
road Company,  dated  April  1, 1850,  is  recorded  city  recoi'ds,  book  7,  page  245 
et  seq.  The  following  is  the  order  of  city  council,  Nov.  7, 1850,  laying  out 
twenty-six  feet  on  water  side  of  center  of  said  street  for  the  benefit  of  the 
Railroad. 

In  Board  of  Mayor  and  Aldennen.  i 
Nov.  7,  1850.      \ 

Whereas,  by  a  contract  entered  into  between  the  city  of  Portland  and  the 
Atlantic  and  St.  Lawrence  Railroad  Company,  on  the  first  day  of  April,  1850, 
for  the  consti-uction  of  Commercial  street  and  for  other  purposes,  it  is  pro- 
vided that  said  Railroad  Company  shall  have  the  right  to  use  and  improve 
the  space  of  twenty-six  feet  in  width  of  the  whole  length  of  said  Comniercial 
street,  and  of  any  street  now  established  or  that  may  hereafter  be  established 
in  connection  therewith  for  the  purpose  of  laying  down  and  using  a  double 
railroad  track  and  running  trains  thereon  from  the  depot  of  said  railroad 
company  on  India  street  to  the  depot  of  the  Portland,  Saco  and  Poits- 
mouth  Railroad  Company  on  Canal  street,  and  for  other  purposes,  and  fur- 
ther that  said  tAventy-six  feet  shall  be  located  in  the  center  of  said  sti-eet, 
or  on  the  water  side  thei'eof  as  said  city  may  direct,  except  where  it  may 
become  necessary  to  make  curves  for  the  purpose  of  reaching  or  improving 
any  depots  now  made  or  that  hereafter  be  made  at  the  termini  aforesaid,  or 
on  the  line  of  said  street. 

Therefore  ordered :— That  said  twenty-six  feet  be  located  on  the  water 
side  of  the  center  of  said  sti'eet  except  where  it  may  become  necessaiy  to 
make  curves  for  the  purpose  of  reaching  depots  now  made  or  to  be  made ; 
and  at  those  points  to  be  so  located  as  shall  best  accommodate  said  Railroad 
Company  and  as  said  company  may  detenuine. 

Read  and  passed,  and  sent  dovra  for  concurrence. 

Read  and  passed  in  concurrence. 

Attest:  Wm.  Boyd,  Clerk. 

A  true  copy.    City  records,  vol.  7,  page  244. 


STREETS.  491 

44.  Every  railroad  corporation  shall  cause  a  suita-  Brakemento 
ble  number  of  brakemen  to  be  attached  to  the  brakes   ^rakes?^^^  *^ 
of  the  several  cars,  and  shall  cause  all  such  brakemen  iwci. 

to  attend  to,  and  promptly  perform  their  appropriate 
duties,  at  their  respective  brakes,  and  to  continue  at 
said  brakes  while  passing  in  said  street. 

45.  If  any  railroad  corporation,  or  their  agents  or 
servants,  shall  neglect  or  refuse  to  comply  with  any 
or  either  of  the  provisions  contained  in  the  three 

^  ^  Penalties. 

preceding  sections,  such  corporation  shall  forfeit  for 
every  such  neglect  or  refusal  the  sum  of  fifty  dollars 
to  the  use  of  the  city. 

46.  All  articles  brouo^ht  by  railroad  to  be  landed  in  Articles  to  be 

/-I  •   1  n  1       111  1  unloaded  on 

Commercial  street  shall  be  landed  on  the  south  side    southeast  side 
of  the  railroad  track,  and  any  article  landed  in  the    of  railroad 
street,  either  from  or  for  the  purpose  of  being  loaded 
upon  the  cars,  shall  be  so  placed  as  not  to  obstruct  Not  to  obstruct 

.         .  .  ^  .   1      ,  streets  leading 

any  street  crossing  on  Commercial  street  or  connect-   to,  or  passage 

ing  with  it,  and  so  as  to  leave  a  clear  space  not  less   ^^^®- 

than  fourteen  feet  in  length,  from  the  coping  stone, 

and  shall  not  be  allowed  to  remain  in  the  street  over 

six  working  hours  after  they  are  landed.     Provided,  Proviso. 

however,  that  cars  may  be  unloaded  in  stores,  and  ibia.  as amend- 

1       -I     1  J?  ed  by  Ord. 

loaded  from  stores,  on  the  northwesterly  side  of  said   Aug.27,  i869. 
railroad  track,  after  four  o'clock  in  the  evening. 

47.  Xo  railroad  engine,  tender,  or  car,  whether 
separately  or  in  a  train,  shall  be  allowed  to  stop  on . 

,  .  ^  Engines,  &c.. 

Commercial  street,  in  such  a  manner  as  to  obstruct  any    not  toobstx-uct 

,         ,  •         /^  •    1     .         ,  streets  or  pas- 

street  or  passage  way  crossing  Commercial  street,  or    gage  ways, 
connected  with  it,  nor  to  remain  standing  on  any  part  Rev.  Ord.  ises. 
of  the  street  any  longer  time  than  is  actually  neces- 
sary for  unloading  or  taking  in  the  freight  of  such  car 
or  train. 

48.  No  side  track  or  turn-out  shall  be  laid  in  Com-  ^tuJn^u'tsnot 
mercial  street,  except  by  permission  from  the  mayor  witifoutper- 
in  writing,  and  under  such  restrictions  in  regard  to  ^l^^^  °'^^°'' 


492 


STREETS. 


Street  commis- 
sioner to  su- 
perintend the 
same. 


Vessels  or 
boats  not  to 
be  made  fast 
to  sea  wall  or 
coping  stones. 

Ibid. 

Not  to  lay  so  as 
jib-boom,  &c. 
may  project. 

Articles  not  to 
be  shipped  or 
landed  over 
coping  stones. 


its  construction  as  he  may  prescribe ;  and  whenever 
such  permission  is  granted,  it  shall  be  the  duty  of  the 
street  commissioner  to  superintend  the  work,  and  he 
shall  be  authorized  and  required  immediately  to 
remove  any  side-track  or  turn-out  laid  or  maintained 
in  violation  of  this  section. 

49.  No  vessel  or  boat  of  any  description  shall  be 
allowed  to  be  made  fast  to  the  sea-wall  or  coping- 
stone,  or  any  other  part  of  Commercial  street,  nor 
lay  at  the  head  of  any  dock  along  said  street,  so  that 
the  jib-boom  or  bow-sprit,  or  any  other  fixture  of 
the  vessel  or  boat  shall  project  over  the  line  of  the 
the  street,  so  as  to  obstruct  the  passage  way,  nor 
shall  any  article  be  landed  from,  or  be  shipped  on 
board  any  vessel  or  boat,  on  or  over  the  coping-stone 
of  said  street. 

50.  Any  person,  or  corporation,  master,  or  owner 
of  any  vessel  or  boat,  violating  any  of  the  provisions 
of  the  four  precedmg  sections,  shall  incur  a  penalty 
to  the  use  of  the  city,  of  not  less  than  five  nor  more 
than  twenty  dollars,  according  to  the  nature  and 
degree  of  the  offence. 

SIDE  WALKS.  20 

51.  The  joint  standing  committee  on  highways, 
sidewalks  and  bridges,  are  hereby  empowered  so  to 
regulate  the  width  and  height  of  the  sidewalks  of  any 
of  the  streets,  as  shall,  in  their  judgment,  be  most 
conducive  to  the  convenience  and  interest  of  the  city, 
and  the  city  council  may  accept  such  sidewalks,  after 

Sidewalks  may  ^^q  game  shall  be  put  in  o^ood  and  perfect  repair  by 

be  accepted  jr  &  f  i  j 

after  put  in  the  abutters  on  such  streets,  and  after  the  same  shall 
be  relinquished  in  writing  to  the  said  city,  by  sucn 
abutters. 

52.  After  such  relinquishment  and  acceptance,  such 
sidewalks  shall  be  maintained  at  the  expense  of  the 


Penalties. 
Ibid, 


Width  of  side 
walks  regu- 
lated. 

Ibid. 


repair. 


See  §  29  of  statutes,  this  title,  supra. 


STREETS.  493 

city,  provided  that  when  any  sidewalk  shall  require  citytomain- 

/.  -\    1}     1.  •     i.^  n        1  tain  sidewalks 

repair,  m  consequence  of  any  detect  m  the  cellar  door,   relinquished. 
curb,  step  or  steps,  cellar  window,  coal-hole,  cellar  Proviso. 
wall,  or  from  any  other  cause,  within  the  control  of  ^^^'^* 
the  owner  or  occupant  of  the  estate  to  which  such 
sidewalks  adjoin,  then  and  in  that  case  such  repairs 
shall   be   made   at   the   expense   of   the   owner    or 
occupant. 

53.  The   commissioner   of   streets   is   authorized,  Bricks  and 
whenever  approved  of  by  the  committee  on  highways,   furnished  to 
&c.  to  furnish  at  the  expense  of  the  city,  good  bricks  ^^^  s^^®- 
and  sand  at  the  rate  of  five  and  one-half  bricks  for  ^^^^^  ^nd 
everv  superficial  square  foot  of  sidewalk,  to  any  owner  amendment 
or  occupant  of  any  estate,   adjommg  which  a  side- 
walk is  necessary ;  and  in  cases  where  bricks  are  thus  '^^  r  thrdirec^ 
furnished,  the  sidewalk  shall  be  laid  down  under  the  tion  of  street 
direction  of  the  commissioner  of  streets,  and  in  all  co^^^sioner. 
cases  the  person  to  whom  the  bricks  are  thus  fur- 
nished, shall  pay  the  expense  of  setting  the  curb  stone, 

and  for  laying  the  bricks,  and  shall  furnish  such  curb 
stone  as  shall  be  approved  by  the  commissioner  of 
streets,  subject  in  all  cases  to  the  following  specifica- 
tions : 

Each  and  every  stone  to  be  of  first  rate  quality  of  specifications, 
granite,  and  to  be  at  least  six  inches  wide  on  top,  not 
less  than  six  feet  long,  and  of  uniform  depth,  not 
less  than  eighteen  inches,  and  to  be  straight  lined, 
without  wind,  and  free  from  bunches  or  depressions ; 
to  be  peen-hammered  on  top,  and  three  inches  down 
on  the  back ;  the  front  to  be  pointed  down  not  less 
than  twelve  inches,  and  the  ends  squared  and  jointed 
the  whole  depth  of  the  stone. 

54.  Whenever   the  city  council  may  require  the  when  city 
sidewalk  or  foot  way  in  front  of  any  lot  of  ground,    council  re- 
fronting  on  any  street  or  way,  in  the  city  of  Portland,   walks  to  be 
to  be  paved,  it  shall  be  the  duty  of  the  commissioner  p*^^^ 


494 


STREETS. 


Ord.  June  2, 
1863. 


City  assume 
one-half  the 
expense. 

Ibid. 


Names  of 
streets  to  be 
recorded. 

Rev.  Ord.  1865. 

Sidewalks  and 
description  to 
be  entered. 


Alteration  In 
sidewalks. 

Ibid. 

Post  and  trees 
not  to  be  set 
without  con- 
sent, &c. 

Carriages.hand 
carts,  &c.  not 
to  go  on  side- 
walks. 
Ibid. 

Horses  or  ani- 
mals not  to 
stand  upon. 


of  streets  to  notify  the  owner  or  tenant  of  such  lot, 
in  writing,  of  such  requirement.  And  if  the  owner 
of  such  lot  shall  refuse,  or  neglect  to  pave  the  same 
as  aforesaid,  to  the  satisfaction  and  approval  of  the 
committee  on  streets,  for  the  space  of  twenty  days 
after  notice  as  aforesaid,  it  shall  be  the  duty  of  said 
commissioner  to  pave  such  sidewalk  or  footway  in 
such  manner  as  said  committee  may  direct. 

55.  The  city  council  shall  assume  one-half  part  of 
the  cost  or  expense  of  paving  the  sidewalks  or  foot- 
ways of  the  streets  of  said  city,  as  provided  for  in 
the  preceding  section,  said  cost  or  expense  to  be  esti- 
mated and  determined  by  the  committee  on  streets  ; 
and  the  city  will  cause  said  proportion  of  the  cost  or 
expense  of  said  sidewalk  or  footway  to  be  paid  in 
money  or  materials,  as  the  committee  on  streets  shall 
determine  and  elect.  I 

56  The  city  clerk  shall  keep  a  book  in  which  the 
names  of  the  streets  shall  be  alphabetically  arranged, 
and  in  which  all  the  sidewalks  which  now  are,  or  may 
hereafter  be  accepted  as  aforesaid,  shall  be  entered 
with  the  date  of  such  acceptance,  the  length  and 
width  of  each  sidewalk,  and  the  names  of  the  owner 
or, owners  of  the  adjoining  estates. 

57.  No  person  shall  make  any  alteration  in  any 
sidewalk,  or  set  any  posts  or  trees  on  any  of  the  side- 
walks or  in  any  part  of  the  street,  without  the  consent 
of  the  mayor  and  aldermen,  or  some  person  by  them 
authorized  under  a  penalty  of  not  less  than  five  nor 
more  than  twenty  dollars  for  each  ofience. 

58.  No  person  shall  drive,  wheel  or  draw,  any 
coach,  caii:,  hand-cart,  hand-barrow,  or  other  car- 
riage of  burthen  or  pleasure,  except  children's  hand 
carriages,  and  drawn  by  hand  ;  or  drive  or  permit  any 
horse  or  other  animal  under  his  care  to  go  or  stand 
upon  any  foot-path  or  sidewalk  in  the  city,  under  a 


STREETS.    .  495 

penalty  of  not  less  than  five  nor  more  than  twenty 
dollars. 

59.  Xo  person  shall  saw  or  split  any  firewood  upon 

any  footwalk  or  sidewalk  of  any  street,  nor  place  the  ^^  ssivrea  or 
same  thereon,  and  no  person  shall  stand  on  any  such  sput  upon, 
foot  or  sidewalk,  with  a  woodsaw  or  horse,  so  as  to 
obstruct  a  free  passage  for  foot  passengers,  under  a 
penalty  of  not  less  than  one  nor  more  than  twenty 
dollars. 

60.  Three  or  more  persons  shall  not  stand  in  a  Persons  not  to 

stand  in  a 

gi'oup,  or  near  to  each  other,  on  any  sidewalk  or  group  upon 
crosswalk  or  in  any  street  or  public  way  in  such  a  ^^^^f^^^  ^^o^^- 

•^  L  J  walks,  so  as 

manner  as  to  obstruct  a  free  passage  thereon  or  there-  to  obstruct. 
in,  after  a  request  from  any  person  to  make  way, 
imder  a  penalty  of  not  less  than  two  nor  more  than  Penalty, 
ten  dollars.     And  if  three  or  more  persons,  standing 
in  a  gi-oup  or  near  to  each  other,  on  any  sidewalk  or 
crosswalk,  or  in  any  street  or  public  way  in  this  city, 
so  as  to  obstruct  the  walk,  street,  or  way  in  any  man- 
ner, shall  refuse  or  neglect  to  pass  on  immediately,  ^^™°^®°°- 
on  being  directed  so  to  do  by  the  mayor,  any  alder- 
man, city  marshal  or  deputy,  or  any  policeman,  con- 
stable, or  watchman,  they  shall  each  and  severally  be 
liable  to  a  fine  of  not  less  than  five  nor  more  than  ^®°*^*y' 
^fty    dollars.     And  if  any  persons  shall  be  found  ord.  May  i8, 
standino^  in  orroups  of  three  or  more  persons,  on  any    i^^' 

...?.,  \  ..  Kev.  Ord.  1868. 

Sidewalk  or  crosswalk,  or  on  any  street  or  public  way 
in  this  city,  after  having  been  once  directed  to  pass 
on  by  the  mayor,  any  alderman,  city  marshal  or 
deputy,  or  any  policeman,  constable  or  watchman, 
he  shall  be  liable  to  a  fine  of  not  less  than  ^ve  nor 
more  than  twenty  dollars  for  each  offence. 

61.  Xo  person  shall  place  or  cause  to  be  placed 

upon   any  foot   path  or  sidewalk  in  the  city,    any  ^""pfa^dup- 
lumber,   iron,    coal,   trunk,   bale,  box,  crate,  cask,    on  foot  or 
package,  or   ai-ticle  or  thing  whatsoever,  so   as   to   obstruct.  &c. 


496 


STREETS^ 


Penalty. 


Penalty  for 
suflfering  to 
remain  after 
notice. 

Ibid. 


Proviso. 


Snow  to  be  re- 
moved from 
footway  or 
sidewalk. 


Penalty. 
Ibid. 
And  Ord. 
Jan.  22, 1857. 


obstruct  a  free  passage  for  foot  passengers,  for  more 
than  ten  minutes,  under  a  penalty  of  not  less  than 
three  nor  more  than  twenty  dollars ;  and  if  such 
person  shall  suffer  such  obstruction  to  foot  passengers 
to  remain  more  than  one  hour  after  it  is  first  placed 
there,  or  more  than  ten  minutes  after  notice  to  remove 
the  same,  given  by  the  city  marshal,  deputy  marshal 
or  any  police  oflScer,  the  person  or  persons  so  offend- 
ing shall  be  liable  to  a  penalty  of  not  less  than  five 
nor  more  than  ten  dollars  for  every  such  offence  ;  and 
for  each  and  every  hour  thereafter,  that  the  same  shall 
be  suffered  to  remain,  the  person  or  persons  so  offend- 
ing shall  be  liable  to  a  penalty  of  not  less  than  five 
nor  more  than  ten  dollars.  Provided,  that  nothing 
contained  in  this  section  shall  be  deemed  to  extend  to 
such  goods,  wares  or  merchandise  as  shall  in  con- 
formity with  such  rules,  regulations  and  orders,  as 
shall  be  made  by  the  mayor  and  aldermen  upon  the 
subject,  be  placed  in  any  street,  alley,  square,  or 
place,  for  the  purpose  of  being  sold  at  public  auction. 
62.  The^i  tenant  or  occupant,  and  in  case  there 
should  be  no  tenant,  the  owner,  or  any  person  having 
the  care  of  any  building  or  lot  of  land  bordering  not 
more  than  one  hundred  and  fifty  feet  on  any  street, 
lane,  court,  square,  or  public  place  within  the  city, 
where  there  is  any  foot  way  or  sidewalk,  shall,  after 
the  ceasing  to  fall  of  any  snow,  if  in  the  day  time 
within  three  hours,  and  if  in  the  night  time,  before 
ten  o'clock  of  the  forenoon  succeedins:,  cause  such 
snow  to  be  removed  from  such  foot  way  or  sidewalk, 
and,  in  default  thereof,  shall  forfeit  and  pay  a  sum 
not  less  than  two  dollars,  nor  more  than  ten  dollars  ; 
and  for  each  and  every  hour  thereafter  that  the  same 


21  The  owner  of  a  building  is  liable  for  injuries  resulting  from  obstructions 
caused  by  himself  in  the  adjoining  sidewalk,  but  not  for  iujuries  from  de- 
fects in  the  sidewalk.  Kirby  v.  Boylston,  Market  Asso'.  14  Gray,  249.  Simi- 
lar ordinance  pronounced  constitutional  and  construed;  Goddard,  petitioner  , 
16  Pick.  504;  97  Mass.  562;  101  Mass.  251. 


STREETS.  497 

shall  remain  on  such  footway  or  sidewalk,  such  tenant, 
occupant,  owner  or  other  person,  shall  forfeit  and  pay 
a  sum  not  less  than  one  dollar,  nor  more  than  ten 
dollars.  And  if  such  building  or  lot  should  extend 
more  than  one  hundred  and  fifty  feet,  on  any  street 
or  land,  it  shall  be  the  duty  of  such  tenant  or  occu- 
pant, owner  or  other  person,  to  remove  such  snow 
from  the  footway  or  sidewalk  for  the  space  of  one 
hundred  and  fifty  feet,  according  to  the  provisions 
and  subject  to  the  penalties  aforesaid. 

63.  The  provisions  of  the  preceding  section  shall   l^ombSS^ 
also  apply  to  the  falling  of  snoAv  from  any  building.  J°^^' 

64.  Whenever  the  sidewalk,  or  any  part  thereof  j^^  ^^  ^^  ^.^ 
adjoining  any  building  or  lot  of  land  on  any  street,    moved  from 

1111  1  I'l*  -ini         IT  /•    sidewalks,  or 

shall  be  encumbered  with  ice,  it  shall  be  the  duty  of  to  be  covered 
the  occupant,  and  in  case  there  is  no  occupant,  the  ^^*^  ^"^'  *^' 
owner,  or  any  person  having  the  care  of  such  building 
or  lot,  to  cause  such  sidewalk  to  be  made  safe  and 
convenient,  by  removing  the  ice  therefrom,  or  by 
covering  the  same  with  sand  or  some  other  suitable 
substance ;  and  in  case  such  owner  or  occupant,  or 
other  person,  shall  neglect  so  to  do,  for  the  space  of 
six  hours  during  the  day  time,  he  shall  forfeit  and  pay 
not  less  than  two  nor  more  than  five  dollars,  and  a 
like  sum  for  every  day  that  the  same  shall  continue 
so  encumbered. 

65.  Every  person  who  shall  lay,  thi-ow,  or  place,  ice  thrown  mto 
or  cause  to  be  laid,  thrown  or  phiced,  any  ice  or  snow   streets  to  be 
into  any  street  within  the  city,  shall  cause  the  same   and  to  be 

to  be  broken  into  small  pieces,  and  spread  evenlv  on   ^^okeninto 

A  '  1  ./  small  pieces. 

the  surface  of  such  street,  and  in  default  thereof  shall  j^^^j 
be  liable  to  a  penalty  of  not  less  than  two  dollars, 
nor  more  than  five  dollars  for  every  ofience. 

Q(^.  Whenever  the  word  street  or  streets  is  men- word  streets  to 
tioned  in   this  or  any   other   ordinance,  it   shall  be   lane^l^"^^'' 
understood  as  including  alleys,  lanes,  courts,  public   unless,  &c. 
squares,    and   public   places,    and   it    shall   also   be  ^d. 


Penalty. 


Ibid. 


498  STREETS. 

understood   as  including  the   sidewalks,    unless  the 
contrary  is  expressed,  or  such  construction  would  be 
inconsistent   with   the   manifest   intent   of  the   city 
council. 
Provisions  of        gy^  ^hc  forc^oiu^  provisions  shall  not  be  taken  or 

preceding  sec-  ,         -,....  jii         i«ij. 

tions  not  to      coustrucd  as  limitnig  m  any  manner  the  legal  rights 
limit  rigiits         J  duties  of  the  commissioner  of  streets  to  make 

and  duties  of 

street  com-      any  alterations  and  repairs  in  the  streets,  which  he  may 
missioner.       ^^^^  ^^^  Safety  and  convenience  of  the  inhabitants 
to  require. 

[See  city  charter,  section  23.] 

STREETS  ON  BACK  COVE  FLATS. 

68.  The   city   council   upon   the   petition   of  the 
proprietors  of  Back  Cove  flats,  will  accept  and  lay 
flats.  out  any  necessary  and  desirable  streets  of  suitable 

^'^Q^^'^'^  courses  and  widths  in  said  Back  Cove,  from  Tukey's 
ord.  1868.  bridge  to  Deering's  bridge,  and  from  the  shore  line  to 
the  line  of  the  harbor  commissioners,  over  flats  now 
or  hereafter  filled  up  by  said  proprietors  ;  provided, 
that  said  streets  shall  be  filled  to  such  a  grade  as  may 
be  established  from  time  to  time  by  the  city,  and  are 
properly  protected  by  solid  filling  or  grebble  walls  ; 
dindi  provided,  that  in  all  such  cases  the  city  shall  not 
be  called  upon  to  pay  a  compensation  exceeding  four 
cents  per  superficial  foot  of  the  filling  of  said  streets, 
which  is  to  be  accepted  by  said  proprietors  for  cost  of 
filling  and  for  damages  ;  and  also  provided,  that  the 
committee  on  laying  out  and  widening  streets  shall 
decide  that  the  interests  and  convenience  of  the  city 
require  such  streets  to  be  so  accepted  and  laid  out. 


Of  streets  on 
Back  Cove 


LINES  AND   GRADES    OF    STREETS. 


Amendment  of 


first  section  of      ^^*  The  first  scctiou  of  the  Ordinance  ou  buildings 
Ord.  on  build-  is  SO  amended,  that  the  notice  therein  provided,  shall 
Ord.^March  24,  ^^  given  to  the  city  engineer  instead  of  the  mayor 
1862.  and  aldermen  ;  and  the  same  is  further  amended,  so 

1868.  that,  on  request,  the  city  engineer  shall  give  the  party 


STREETS.  499 

SO  notifying,  the  line  and  grade  of  the  street,  without 
fee. 

70.  It  shall  be  the  duty  of  the  city  marshal,  street 

1      .,  .  ,         .  i.*       X     xi.      Encroach- 

commissioner  and  city  engineer,  to  give  notice  to  the   ^^^^^^3  ^^ 
mayor,    of  all  encroachments  made  or  threatened,    streets. 
upon  the  streets  and  other  public  places  in  the  city,  ^^^^' 
or   upon   the  property  of  the   city,  forthwith  upon 
obtaining  information  thereof,  and  the  mayor  shall 
cause  the  provisions  of  this  ordinance  to  be  enforced 
against  all  persons  violating  the  same. 

71.  Hereafter,  no  new  grade  shall  be  fixed  for  any  no  new  grades 
street,  and  no  old  ffrade  shall  be  chano^ed,  except  by   fi^edoroid 

°  o       '  JT        ^     ones  changed, 

vote  of  the  city  council.     All  petitions,  orders,  and   except  by  vote 
other   propositions   for  new  grades,   or  changes  of  ^^^^^'^  ^**^°' 
grades,  shall  be  referred  to  some  committee,  who  shall  ibid. 
investigate  the  case,  hear  all  parties  interested,  first  of  petitions  for 
giving  all  said  parties  notice  of  said  hearing  by  adver-   grades. 
tising  in  one  of  the  newspapers  of  this  city,  and  shall  ^^^^' 
report  thereon  to  the  city  council.     Said  report  shall 
in  all  cases  be  accompanied  by  the  written  opinion  of 
the  city  engineer  on  the  proposed  action,  and  shall  be 
subject  to  such  action  as  to  the  city  council  seems 
proper. 

72.  In  all  cases,  before  paving  streets  or  portions  committee  to 
thereof  not  paved,  the  committee  on  highways,  side-   submit  plana 
walks   and   bridges    shall    submit    their    plans   and   forplviTg/* 
estimates  for  such  proposed  paving  to  the  city  council  njid. 

for  approval.  This  ordinance  does  not  apply  to  the 
paving  of  gutters  and  side  drains. 

73.  The  building  and  lots  on  all  streets,  that  may 

be  hereafter  laid  out,  those  already  laid  out  but  not   street!  ^^ 
numbered,  and  any  street  already  laid  out,  two-thirds  ord.Dec.n, 

1868 

of  the  legal  voters  occupants  of  the  same  petitioning 
therefor,  shall  be  numbered  in  the  following  manner : 
On  the  streets  that  run  lengthwise  of  the  city 
territory,  beginning  at  the  north  easterly  termination, 
with  numbers  one  and  two,  and  progressing  south 


500 


STREETS. 


Number  for 
every  lot. 

Ibid. 


Plan. 
Ibid. 


Street  monu- 
ments. 
Ord.  June  21, 


westerly,  with  the  odd  numbers  on  the  north  westerly 
side  of  the  street,  and  the  even  numbers-  on  the 
opposite  side  ;  and  on  the  transverse  streets  beginning 
with  numbers  one  and  two  on  the  south  westerly  or 
harbor  side,  with  the  odd  numbers  on  the  north  east- 
erly side  of  the  street,  and  the  even  numbers  on  the 
opposite  side. 

74.  There  shall-  be  a  number  for  every  lot  not 
exceeding  twenty-five  feet  of  land  fronting  on  a  street, 
and  a  number  for  every  additional  twenty  feet  or 
fraction  thereof,  excepting  that  on  those  streets  that 
are  compactly  built  up,  a  number  shall  be  assigned 
for  each  and  every  door,  and  to  adjoining  vacant  lots 
proportionally  ;  and  corner  lots  shall  be  numbered  on 
both  streets. 

75.  The  board  of  mayor  and  aldermen  may  require 
the  city  civil  engineer,  or  they  may  employ  some 
competent  person  to  make  a  plain  skeleton  plan  of 
each  street,  designating  the  numbers  and  dimensions 
of  all  the  lots,  with  the  names  of  the  owners  thereon, 
on  a  scale  of  not  less  than  one  inch  for  every  fifty 
feet,  which  plan  shall  be  kept- in  the  office  of  the  civil 
engineer  for  reference. 

76.  The  city  engineer  when  required,  shall  take  the 
angles  contained  between  different  street  lines,  and 
make  a  record  of  the  same,  as  the  true  lines  of  the 
streets,  and  these  angles  shall  all  have  reference  to  a 
given  base  line.  He  shall  cause  monuments  Avhich 
shall  not  be  less  than  five  feet  in  length,  in  the  centre 
of  the  top  of  which  shall  be  a  copper  bolt,  one-half 
an  inch  in  diameter,  and  four  inches  deep  ;  the  centre 
of  the  bolt  shall  be  placed  at  the  intersection  of  lines 
parallel  to,  and  three  feet  distant  from  the  lines  of  the 
street,  at  the  angle  as  well  as  at  the  point  of  inter- 
section. The  tops  of  the  monuments  when  practicable, 
shall  be  set  to  the  o^rade  of  the  sidewalk. 


STREETS.  501 

It  shall  be  the  duty  of  the  commissioners  of  streets 
to  put  down  such  monuments  when  required  to  do  so 
by  the,  said  engineer. 

All  ordinances  and  parts  of  ordinances  inconsistent 
with  this  ordinance  are  hereby  repealed ;  provided 
that  all  monuments  so  erected  shall  be  duly  recorded, 
and  no  person  shall  remove  or  cause  to  be  removed, 
any  such  monuments,  without  the  consent  in  writing 
of  the  mayor  and  aldermen  first  obtained,  under  a 
penalty  of  twenty-five  dollars  for  each  offence. 

77.  Whenever  any  permit  is   granted  to  occupy  ^^^  ^ 
any  portion  of  any  street,  it  shall  be  the  duty  of  the   kept  clear  of 
holder  of  the  permit  t6  keep  the  oTitter  clear  of  ob-   ^  structions 

*^  .     '  ^y  persons 

structions,  unless  for  sufficient  cause  the  mayor  or  who  have 
street  commissioner  shall  allow  him  to  enclose  it,   ^^^^^^ 

'     occupy. 

giving  him  therefor  a  written  permit,  in  which  case  Ord.juiyw, 
he  shall  build  and  maintain  a  temporary  plank  walk,  ^^' 
not  less  than  three  feet  in  width,  around  the  portion 
of  the  street  occupied,  the  same  to  be  to  the  satisfac- 
tion of  the  street  commissioner,  and  not  to  extend 
outside  of  the  portion  of  the  street  allotted  in  his 
permit.  Any  person  violating  the  provisions  of  this 
ordinance  shall  suffer  the  penalties  prescribed  in  sec- 
tion sixteen  (16)  of  the  "ordinance  on  streets,"  and 
his  permit  shall  be  void. 

78.  That  hereafter  in  all  cases  where  any  private 

person  or  persons  are  about  to  open  any  portion  of  opening  streets 
any  street  where  the  water  pipes  of  the  Portland   ^^ere  water 

or  gas  pipes 

Water  Company  are  laid,  when  such  opening  shall  are  laid, 
intersect,  lay  open,  or  in  any  manner  interfere  w^th  ^,^q^^^'*^*' 
the  water  pipes  of  the  Portland  Water  Company, 
such  person  or  persons,  before  proceeding  to  make 
such  opening,  shall  give  reasonable  notice  of  the  time 
and  place  of  such  opening  to  be  made  to  the  Portland 
Water  Company,  or  its  secretary,  by  leaving  the  same 
at  the  office  of  said  company.     That  hereafter  when 


502  STREETS. 

any  private  person  or  persons  are  about  to  open  any 
portion  of  any  street  where  the  mains  of  the  Portland 
Gas  Light  Company  are  laid,  when  such  opening  shall 
intersect,  lay  open,  or  in  any  manner  interfere  with 
the  mains  of  the  Portland  Gas  Light  Company,  such 
person  or  persons,  before  proceeding  to  make  such 
opening,  shall  give  reasonable  notice  of  the  time  and 
place  of  such  opening  to  be  made  to  the  Portland  Gas 
Light  Company,  or  its  treasurer,  by  leaving  the  same 
at  the  office  of  said  company.  Any  person  violating 
this  ordinance  shall  be  subject  to  a  fine  not  exceeding 
twenty-five  dollars. 

79.  Any  person  who  shall  make  any  excavation,  or 
Excavations      hereafter  increase  any  excavation  near  any  street  or 

near  streets.  ,  ,.  •      j^i  •        -j^  j  i 

Sept.  14,1869.  pubhc  way  in  this  city,  so  as  to  endanger  any  portion 
thereof,  without  first  making  written  application  to 
the  mayor  and  aldermen,  setting  forth  its  nature  and 
extent,  and  obtaining  their  consent,  and  requesting 
and  obeying  their  instructions  in  the  premises,  shall 
be  subject  to  a  penalty  not  less  than  twenty  nor  exceed- 
ing one  hundred  dollars. 

80.  It  shall  be  the  duty  of  the  commissioner  of 
Furth    d  f      streets  before  purchasing  new  property  of  m\y  kind 

of  street  com-  for  the  city,  or  before  procuring  any  repair  or  changes 
o™d^  aiTrch  10,  <^osting  more  than  twenty -five  dollars  on  property  be- 

1877.  longing  to  the  city,  to  first  obtain  the  approval  in 

writing  of  the  joint  standing  committee  on  streets, 
sidewalks  and  bridges ;  and  all  such  purchases  or 
repairs  exceeding  the  sum  of  three  hundred  dollars 
shall  first  be  authorized  by  vote  of  the  city  council, 
and  any  expenditure  upon  any  street  at  any  one  time 
exceeding  the  cost  of  one  hundred  dollars  in  labor  or 
materials  shall  first  be  authorized  by  said  committee, 
and  any  such  expenditure  which  will  exceed  the  cost 
of  three  hundred  dollars  shall  first  be  authorized  by 
vote  of  the  city  council,  and  it  shall  be  the  duty  of 
the  commissioner  of  streets,  when  thereto  requested, 


STREETS.  503 

to  report  to  the  said  committee  the  number  of  men 
employed  by  him,  the  nature  of  each  man's  employ- 
ment, and  the  amount  of  his  wages ;  and  the  said 
committee  is  authorized  to  require  the  discharge  fi*om 
service  of  any  individuals  employed  by  the  commis- 
sioner of  streets,  or  reduce  the  rate  of  wages,  if  in 
the  opinion  of  said  committee  the  good  of  the  city 
demands  such  discharge  or  reduction  in  pay. 

81.  Xo   person   shall  remove  any  «:ravel    soil  or 

'■  .  .  -^     ®  '  To  protect  the 

material  from  any  portion  of  the  western  promenade,   public 
'the  cemeteries,  or  any  other  public  grounds  within   ^g"^^^**^ 
the  city,  without  the  consent  of  the  mayor  expressly  Ord.  Aug.  so, 
given  therefor.     Any  person  violating  this  ordinance, 
shall  be  subject  to  a  penalty  of  fifty  dollars. 

82.  Xo  person,  without  authority  of  the  municipal  Lighting  or  ex- 
officers,  or  from  the  Gas  Light  Company,  shall  light   g^gt  jamps. 
or  extinguish  any  street  lamp,  under  a  penalty  not  Penalty. 
less  than  five  dollars,  nor  more  than  ten  dollars  for  30.' 

each  offence. 

83.  All  trees,  lamp-posts,  posts  and  hydrants,  now  Lampposts, 
placed  and  being  within  the   limits  of  the  streets  of  g^/^ng^'"'^ 
the  city,  are  hereby  declared  to  be  and  shall  be  taken  0rd.Mayi,i87i 
to  be  legally  established  and  located. 

84.  Lamp-posts,  and  posts  for  protecting  them,  Lampposts, 
may  be  located  within  the  limits  of  any  street  of  the   lo^clted. 
city,  by  the  joint  committee  of  the  city  council  on  ^^^^• 
lamps  and  lamp-posts  under  existing  ordinances,  or 

by  direction  of  the  city  council. 

85.  Any  tree,  lamp-post,  post  or  hydrants,  or  any  L^mppost^ 
post  for  the  protection  of  the  same,  shall  be  taken  to   how  taken  to 
be  legally  established  within  the  limits  of  any  street  ^,1^.^ 

of  the  city,  when  it  has  been  located  therein  by  order 
or  with  approval  of  the  mayor,  or  joint  standing  com- 
mittee on  streets,  sidewalks,  and  bridges,  or  street 
commissioner. 

31 


504 


STREETS. 


Lampposts  SQ.  "^Yhen  an  order  is  given,  under  the  p^'ovisions 

ibut'^'^^'^'        of  *^bis  ordinance,  it  shall  be  recorded  by  the  city 

clerk  in  a  book  provided  for  that  purpose  and  kept 

in  his  office. 


Company  to 
give  notice  to 
the  commis- 
sioner of 
streets  of  com- 
mencement of 
work. 


Of  completion. 
Street  com- 
missioner to 
examine 


Ibid. 

Ord.  July  11, 
1876. 


Streets  not  to 
be  dug  up, 
Ac.  without 
consent  of 
mayor  and  al- 
dermen. 


Penalties. 


REGULATIONS  RESPECTIXG    THE   LAYING    OF    GAS  PIPES 
IN    STREETS. 

Kegulations  and  restrictions  in  relation  to  the  laying 
down  and  taking  up  of  pipes  and  fixtures  in  and 
through  the  streets  of  the  city  by  the  Portland  Gas 
Light  Company,  prescribed  and  established  pursuant'  ^ 
to  the  provisions  of  section  third  of  the  charter  of 
said  company,  January  25,  1855. 

1.  Said  company  before  digging  up  the  ground  in 
any  street,  for  the  purpose  of  laying  down,  taking  up, 
or  repairing  any  gas  pipes  or  fixtures,  shall  give  notice 
in  writing  to  the  commissioner  of  streets  of  said  city, 
of  their  intention  so  to  do,  specifying  the  street  or 
streets,  and  the  points  of  commencement  and  termi- 
nation of  their  proposed  works  ;  and  when  said  work 
is  completed  they  shall  give  notice  thereof  in  writing 
to  said  commissioner,  who  shall  proceed  immediately 
to  examine  into  the  manner  said  work  has  been  done, 
and  if  the  same  has  been  done  to  his  satisfaction,  he 
shall  certify  the  same  to  said  company.  But  in 
searching  for  leaks  or  obstructions,  or  in  repairing 
pipes  that  are  leaking  or  in  removing  obstructions, 
the  company  is  required  to  give  the  last  named 
notice  only. 

2.  No  street  or  sideu^alk,  or  any  part  thereof,  shall 
be  dug  up  or  broken  into,  for  the  purpose  of  laying 
service  pipe,  or  setting  lamp  posts,  between  the  first 
day  of  Decem])er  and  the  fifteenth  day  of  April  of 
each  year,  without  the  permission  of  the  mayor  and 
aldermen,  in  writing,  under  a  penalty  of  twenty  dol- 
lars and  a  further  penalty  of  tAventy  dollars  for  each 


STREETS.  505. 

and  every  clay  or  paii;  of  a  day,  that  the  work  is  in  streets  not  to 
progress.     Nor  shall  the  streets,  nor  any  part  thereof,    &c.,  before 
be  dusr  up  or  broken  into  for  the  layinoj  of  main  pipes,   p^p®,^  ^^'^, 

»      ^  .7      &  I    1       »     ready  to  be 

between  the  tirst  day  of  November  and  the  first  day  laid  down- 
of  ]May  in  each  year,  under  a  penalty  of  twenty  dollars  ^^''  ^^^^'  ^^ 
for  each  offence,  and  a  further  penalty  of  twenty  dol- 
lars for  every  day  or  part  of  a  day  that  the  work  shall  be 
in  progress,  or  the  street  remain  broken  as  aforesaid. 
Nor  shall  any  street  or  any  part  thereof  be  dug  up  or 
broken  into  before  the  gas  pipes  are  prepared  and 
placed  in  the  vicinity  ready  to  be  laid  down. 

3.  Said  company  shall  be  liable  for  all  damages 
occasioned  by  the  diijofino:  up  and  openino:  any  street,  Liability  of 

./  oo     o      I  ^  f  G       J  •>     company  for 

or  obstructions  therein  by  said  company,  as  follows,    damages. 
viz  :  For  all  or  any  such  works,  done  before  the  first  ^^^^' 
day  of  November,  they  shall  be  liable  for  all  damages 
occasioned  thereby,  for  the  space  of  sixty  days  from 
and  after  the  approval  certified  as  aforesaid  by  said 
commissioner,  and  for  all  or  any  such  works  done  ^ 

after  said  first  day  of  November,  they  shall  be  so 
liable  until  the  fifteenth  day  of  June  next  following, 
of  each  year. 

4.  All  trenches  left  open  after  dark,  shall,  by  said  Trenches  made 

^  »  '      J  to  be  fenced 

company,  be  safely  railed  or  fenced  in,  and  be  sufli-   and  lighted. 
ciently  lighted  to  protect  the  public  from  damage  or  ^^^*» 
accident  therefrom. 

5.  Whenever  any  street,  or  any  part  thereof,  is 

Work  to  be 

taken  up  for  the  purposes  aforesaid,  said  company   done  with  con 
shall  perform  the  work  proposed  to  be  done  with  all   lenient  dis- 

.  ,.  ,  ,  ,  .      ,  patch. 

convenient  dispatch,  and  as  soon  as  the  same  is  done  n>id. 

they  shall  repair  such  street  and  put  the  same  in  as 

good  condition  as  it  was  in  before  such  taking  up,  and 

shall  cause  all  surplus  earth,  stones,,  materials,  and    repaired. 

rubbish  to  be  immediately  removed  from  the  street ; 

and  whenever  such  street,  or  any  part  thereof,  or  any  ^^2"^^^^^'  J^^" 

pavement  thereon,   shall   thereafter  and  within  the    be  removed. 

time  specified  in  section  two,  settle  or  become  out  of 


506  STKEETS. 

Company  to  re-  repair  by  reason  of  the  works   aforesaid,  the  said 
pair  streets  to  company  shall  thoroughly  and  completely  repair  the 

s3,tlsi&ction  Ox 

commissioner,  samc,  to  the  Satisfaction  of  said  commissioner  of 
In  case  of  re-  streets.  In  case  Said  company  refuse  or  neglect  to 
repaired  at  repair  the  same,  after  one  day's  notice  therefor  by 
expense  of      g^j^  commissioner,  he  shall  proceed  to  repair   the 

company.  "^  ^  *■ 

same  at  the  expense  of  said  company. 

6.  Whenever  any  of  said  pipes,  in  lavino^  them 

Restrictions  re-  '^  l    r      7  ^       n 

specting  pipes  down,  shall  comc  in  contact  or  interfere  with  any  drain 

wito  drltafor  ^^  scwcr.  Said  pipes  shall  be  laid  under  or  over  such 

sewers.  drain  or  sewer,  unless  in  the  opinion  of  the  committee 

on  drains  and  sewers,  it  shall  be  necessary  to  change 

Course  of         ^^®  direction  of  such  drain  or  sewer,  in  which  case 

drain,&c.  may  the  Same  shall  be  done  by  said  company  under  the 

^   '     direction  and  to  the  satisfaction  of  said  committee. 


Superintendent  of  Burials, 


[See  chapters  on  CexMeteries  and  Health.] 


Surveyor '  of  Stone. 


Ordinance. 

1.  One  or  more  surveyors  of  stone  to  be  appointed.    To  be 

sworn. 

2.  Duties. 

3.  Fees. 

1.  There  shall  annually   be  elected  by  the  city  one  or  more 
council,  one  or  more  suitable  persons  as  surveyors  of  surveyors  of 

*■  ''  stone  to  be 

granite,  marble  and  free  stone,  who  shall  be  sworn  to  appointed. . 
the  faithful  performance  of  the  duties  of  said  office,  ^obeswom. 
and  who  shall  continue  in  office,  until  removed  or  1859,  §i,and 
until  a  successor  is  elected  and  qualified.  ^^-  ordises 

2.  It  shall  be  the  duty  of  said  surveyors  to  meas-  ^^^^^^ 
ure  and  inspect  all  granite,  marble,  free  stone  and 
other  stone,  for  building  or  any  other  purposes,  which 
they  shall  be  requested  to  measure  or  inspect. 

3.  Said  surveyors  shall  be  entitled  to  demand  and 
receive  in  full  for  their  sei-v  ices  the  following  rates,  ^®^^' 
viz :    Ten  cents  for  each  ton  of  marble,  granite  Or  ^^^^'  ^  ^' 
free  stone,  thus  measured  or  inspected  by  them. 


Taxes. 


Statutes. 


1.  Poll  tax,  on  whom  assessed. 

2.  Real  and  personal  property  taxable. 

3.  Real  estate,  what  is  included. 

4.  Real  estate  of  railroads. 

5.  Personal  property  taxable  described. 

6.  Polls  and  estates  not  taxed. 

7.  Mines  exempted. 

8.  Aqueducts,  pipes,  &c.,  exempted. 

9.  Poll  tax  where  assessed. 

10.  Real  estate,  where  taxed. 

11.  Standing  wood  and  timber,  to  whom  assessed. 

12.  Landlord  and  tenant  to  pay  equally. 

13.  Personal  estate  taxable  where  owner  resides. 
14c.  Exceptions. 

15.  Betterments  on  exempted  lands. 

16.  Toll  bridges,  stock,  where  taxed. 

17.  Stock  of  gas  or  water  companies. 

18.  Duties  of  assessors,  &c.,  in  this  behalf. 

19.  Clerks  failing  to  make  returns. 

20.  Blood  animals,  how  taxed. 

21.  Personal  property  of  non  residents. 

22.  Lien  in  favor  cff  person  paying  the  tax. 

23.  Remedy   for   person  paying  more  than  his  proportion  of 

tax. 

24.  Stock  of  companies  invested,  how  taxed. 

25.  Mortgaged  personal  property,  how  taxed. 

26.  Real  estate  of  one  deceased,  how  taxed. 

27.  Partners'  personal  property. 

28.  Land  may  be  assessed  to  owners  or  tenants. 

29.  Assessments  to  be  continued  on  same  person  till  notice 

given. 

30.  Property  of  certain  manufacturing  and  mining  corpora- 

tions, where  taxed. 

31.  Real  estate  of  banks,  and  stock,  where  taxed. 

32.  Bank  stock  out  of  State. 

33.  Cashiers  required  to  exhibit  books. 

34.  Shares  where  residence  of  owner  is  unknown. 

35.  Collector  to  give  notice. 


TAXES.  ^  509 

36.  Actions  maintained  by  treasurer. 

37.  Supplementary  assessments. 

38.  Treasurer  of  State  to  issue  warrants  for  state  tax.  • 

39.  What  treasurer's  warrant  sliall  require. 

40.  Assessors  to  be  governed  by  rules  established. 

41.  Assessors  responsible  for  faithfulness. 

42.  Collectors  how  chosen. 

43.  Collector's  fees  and  travel. 
44:.  Collector  to  receive  a  warrant. 

45.  Collector  to  give  approved  bond. 

46.  Collector  or  constable  to  give  receipts  on  demand. 

47.  Collector  to  distrain  if  tax  not  paid,  and  to  restore  ovet- 

plus. 

48.  Collector  may  imprison  after  twelve  days  notice. 

49.  x\jid  before  if  about  to  abscond. 

50.  Where  payable  in  instalments  when  whole  may  be  de- 

manded. 

51.  Former  collector  to  complete  collections. 

52.  Collector  may  distrain  shares  in  a  corporation. 
63.     Duty  of  officers  of  the  corporation. 

54.  Collectors  may  collect  in  any  part  of  State. 

55.  -Collectors  in  some  cases  may  sue  for  taxes. 

56.  Assessments  not  void  if  they  include  sums  for  an  illegal 

object. 

57.  Collections  how  made  of  non  residents  of  improved  lands. 

58.  Taxes  on  chattels  of  non  residents. 

59.  Collector  may  demand  aid. 

60.  Collector  to  exhibit  account  of  collections  once  in  two 

months. 
€1.     Collector  removing  may  be  required  to  give  up  tax  bills. 

62.  Collector  refusing,  penalty. 

63.  Collector,  provision  when  he  dies. 

64.  Sums  overpaid  to  be  restored. 

65.  State  treasurer  may  issue    warrant    against    delinquent 

treasurer. 

66.  Towns  to  pay  when  its  collector  fails  to  pay. 

67.  Assessors  in  such  case  to  make  new  assessment. 

68.  Taxes  may  be  collected  by  action  of  debt. 

69.  Additional  way  to  collect  state  tax. 

70.  Time  fixed  for  paying  tax.     Interest. 

71.  Election  of  assessors.     Their  duties.     Interest  on  unpaid 

taxes. 

72.  Treasurer  shall  be  collector  of  taxes. 

Ordinances. 

1.  Advertisement  of  sale  of  real  estate. 

2.  Treasurer  to  publish  list  of  unpaid  taxes  over  $20  yearly 

3.  Assessors  to  deliver  to  treasurer  tax  bills. 


510 


TAXES. 


Poll  tax,  on 
whom 
assessed. 

R.  S.,  1871,  c. 
6,  §1. 

Real  estate  and 
personal  tax- 
able. 

Ibid.  §  2. 


Real  estate 
what  is  in- 
cluded. 

Ibid.  §  3. 


Real  estate  of 
railroad  cor- 
porations as 
non-resident 
land. 

Track  exemp- 
ted. 

Ibid.  §  4. 

See  1881,  c.  91. 


4.  Duty  of  treasurer  and  collector. 

5.  Interest  on  unpaid  taxes. 

6.  Discount  on  taxes. 

7.  Repeal  of  inconsistent  ordinances. 

1 .  A  poll  taxi  shall  be  assessed  upon  every  male  inhab- 
itant of  this  state  above  the  age  of  twenty-one  years, 
whether  a  citizen  of  the  United  States,  or  an  alien,  in  the 
manner  provided  by  law,  unless  he  is  exempted  therefrom 
by  the  provisions  of  chapter  six  of  the  Revised  Statutes. 

2.  All  real  property^  within  this  state,  all  personal 
property  of  the  inhabitants  of  this  state,  and  all  personal 
property  hereinafter  specified  of  persons  not  inhabitants 
of  this  state,  shall  be  subject  to  taxation  as  hereinafter 
provided. 

3.  Real  estate, ^  for  the  purposes  of  taxation,  excepting, 
as  provided  in  section  six  shall  include  all  lands  in  this 
state  and  all  buildings  and  other  things  erected  on  or 
affixed  to  the  same,  and  all  townships  and  tracts  of  land,- 
the  fee  of  which  has  passed  from  the  state  since  the  year 
one  thousand  eight  hundred  and  fifty,  and  all  interest  in 
timber  upon  any  of  the  public  lands  derived  by  permits 
granted  by  the  state  of  Massachusetts,  interest  and 
improvements  in  land,  the  fee  of  which  is  in  the  state  ; 
and  interest  by  contract  or  otherwise  in  land  exempted 
from  taxation. 

4.  The  real  estate  of  railroad  corporations'*  shall  be 
taxable  in  the  towns  where  it  is,  and  be  regarded  as  non- 
resident land  ;  but  the  track  of  the  road  and  the  land  on 
which  it  is  constructed,  shall  not  for  this  purpose,  be 
deemed  real  estate. 


iPoll  tax;  Littlefleld  v.  Brooks/  50  Maine,  475;  Hartland  v.  Church,  47 
Maine,  169 ;  Porterfleld  v.  Augusta,  67  Maine,  556. 

2  U.  S.  statute  1864,  c.  106,  §  41,  makes  unlawful  a  tax  on  shares  of  a  national 
bank  located  in  another  state.  Abbott  v.  Bangor,  54  Maine,  540;  Flint  v. 
Aldermen  of  Boston,  99  Mass.,  141;  Packard  v.  Lewiston,  55  Maine,  456; 
Opinion  of  Justices,  53  Maine,  594. 

3  Real  estate,  see  §  14,  part  second;  B.  &.  P.  R.  R,  Co.  v.  Harris,  21  Maine^ 
533;  Cum.  Marine  R.  v.  Portland,  87  Maine,  444.  Boom  taxable  as  real  estate 
Hall  V.  Benton,  69  Maine,  346. 


*  P.  S.  &  P.  R.  R.  Co.  V.  Saca,  60  Maine,  196. 


TAXES.  511 

0.  Personal  estate^  for  the  purposes  of  taxation,  shall  Personal  estate 
include  all  goods,  chattels,  moneys,  and  effects,  whereso-    ^^bed   ^ 
ever  they  are  ;    all  ships  and  vessels  at  home  or  abroad  ;  ibid.  §  5. 
all  obligations  for  money  or  other  property,  money  at  inter- 
est, and  debts  due  the  persons  to  be  taxed  more  than 
they   are  owing ;    all  public  stocks  and  securities ;    all 
shares    in   moneyed,     railroad    and  other    corporations 
within  or  without  the  state ;  all  annuities  payable  to  the 
person  to  be  taxed,  when  the  capital  of  such  annuity  is 
not  taxed  in  this  State  ;  and  all  other  property,  included 
in  the  last  preceding  state  valuation  for  the  purposes  of    ^^ous^ 
taxation  ;  All  the  property  of  any  religious  society  in  this    societies. 
State,  both  real  and  personal,  except  its  meeting-house  1877,  c.  217. 
and  vestry  and  the  furniture  therein,  and  all  parsonages 
not  exceeding  six  thousand  dollars  in  value  and  from 
which  no  rent  is  received.^ 

6.  The  following  property  and  polls  shall  be  exempted    not  taxed, 
from  taxation  :  ibid.  §  e: 

First.  The  property  of  the  United  States  and  of  this 
State. 

Second.  All  property  which  by  the  articles  of  separa- 
tion is  exempted  from  taxation,  the  real  and  personal 
property  of  all  literary  institutions,  and  the  real  and  per- 
sonal property  of  all  benevolent, ~  charitable  and  scientific 
institutions  incorporated  by  this  state. 

Third.  The  household  furniture  of  each  person  not 
exceeding  two  hundred  dollars  to  any  one  family,  his 
wearing  apparel,  farming  utensils,  mechanics'  tools  nec- 
essary for  carrying  on  his  business,  and  musical  instru- 
ments not  exceeding  in  value  fifteen  dollars  to  any  one 

family.  Houses  of 

Fourth.     All  houses  of  religious  worship  and  the  pews   ^^}^^l^^ 
and  furniture  within  the  same,  except  for  parochial  pur-    exempt, 
poses  ;  and  all   tombs  and  rights  of  burial,  and  property  i^id-  §  6. 
held  by  a  religious  society  as  a  parsonage.  i^Vc'  srf^" 


6  stetson  V.  Bangor,  56  Maine,  274;  Abbott  v.  Bangor,  supra;  105  Mass., 
519;  J06  Mass.  .540,  5S;  118  Mass.,  169. 

«  For  tax  on  savings  banks  see  act  1875,  c.  47,  and  .Jones  v.  Savings  Bank, 
66  Maine,  242.  For  tax  on  dogs  see  title  "  Dogs,"  §  5.  For  tax  on  railroads 
see  title  "  Railroads,"  and  act  1881,  c.  90.  For  State  tax  on  express  com- 
panies, see  1880,  c.  244. 

1  Maine  Bap.  Convention  v.  Portland,  65  Mdlne,  92. 


512 


TAXES. 


1874,  c.  178. 


Manufacturing 
establish- 
ments. 

Ibid.  §  6. 


Mines  exempt. 
1878,  c.  29.  ■ 


Fifth.  All  mules,  horses,  neat  cattle,  swine  and  sheep, 
less  than  six  months  old,  and  all  hay,  grain  and  potatoes, 
orchard  products,  and  wool  owned  by  and  in  possession 
of  producer. 

Sixth.  The  polls  and  estates  of  all  Indians  ;  and  the 
polls  of  persons  under  guardianship. 

Seventh.  The  polls  and  estates  of  all  persons  who,  by 
reason  of  age,  infirmity,  and  poverty,  are,  in  the  judg- 
ment of  the  assessors,  unable  to  contribute  toward  the 
public  charges. 

Eighth.  The  polls  and  estates  of  inhabitants  of  islands, 
on  which  there  are  no  highways,  may  be  exempted  from 
the  highway  tax  at  the  discretion  of  the  town  to  which 
they  belong. 

Ni)ith.  All  manufacturing^  establishments,  and  all 
establishments  for  refining,  purifying  or  in  any  way 
enhancing  the  value  of  any  article  or  articles  already 
manufactured,  hereafter  erected  by  individuals,  or  by  in- 
corporated companies,  and  all  the  machinery  and  capital 
used  for  operating  the  same,  together  with  all  such  ma- 
chinery hereafter  put  into  buildings  already  erected,  when 
the  amount  of  capital  invested  exceeds  the  sum  of  two 
thousand  dollars,  are  exempted  from  taxation  for  a  term 
not  exceeding  ten  years  from  the  time  the  city  or  town  in 
which  such  manufacturing  establishments  or  refineries 
may  be  located,  shall  in  a  legal  manner  assent  to  such 
exemption  which  assent  shall  have  the  force  of  a  contract 
and  be  binding  for  the  time  specified  ;  but  all  property  so 
exempted  shall  be  entered  from  year  to  year  upon 
the  assessment  books  and  returned  with  the  valuation 
of  the  several  towns  and  cities  when  required  by  the 
State  for  the  purposes  of  making  the  State  valuation. 

7.  All  mines  of  gold,  silver,  or  of  the  baser  metals, 
which  are  now  or  may  be  opened  and  in  process  of  devel- 
opement,  shall  be  exempt  from  taxation  for  a  term  of  ten 
years  from  the  time  of  such  opening.  This  act  shall  not 
affect  the  taxation  of  the  lands  or  the  surface  improve- 

8  It  is  for  Legislature  to  determine  what  is  exempted  from  taxation, 
Brewer  Brick  Co.  v.  Brewer,  62  Maine,  62;  Farnsworth  v.  Lisbon,  62  Maine. 
451;  Portland  v.  Water  Co.,  67  Maine,  135.  As  to  rule  where  part  of  prop- 
erty is  exempt  and  part,  taxable,  see  Cambridge  v.  County  Commissioners, 
114  Mass.,  337. 


TAXES.  513 

ments  of  the  same,  at  the  same  rate  of  valuation  as 
similar  lands  and  buildings  in  the  vicinity. 

8.  The  aqueducts,  pipes  and  conduits  of  any  corpora- 
tion, engaged  in  supplying  any  city  or  town  with  water.  Aqueducts, 
shall  be  exempt  from  taxation,  when  any  city  or  town,  p^p^^  *c. 
shall  take  from  the  aqueducts,  pipes  or  conduits  of  such  i878,  c.33. 
corporation,  water  for  the  extinguishment  of  fires,  with-  * 
out  charge  being  made  for  the  same.     Nothing  in  this  act 

shall  be  so  construed  as  to  include  in  this  exemption  the 
capital  stock  of  such  corporation,  any  reservoir  or  grounds 
occupied  for  the  same,  or  any  property,  real  or  personal, 
owned  by  such  company  or  corporation,  other  than  as 
enumerated  above. 

9.  The  poll  tax^  shall  be  assessed  on  each  taxable  per- 

Poll  fjiTc  wliGrp 

son  in  the  place  where  he  is  an  inhabitant  on  the  first  day    assessed. 
of  April  in  each  year.     No  person  shall  be  considered  an  R.  s.,i87i,c.6, 
inhabitant  of  a  place  on  account  of  residing  there  as  a    ^^' 
student  in  a  literary  seminary. 

10.  All  taxes^o  on  real  estate  shall  be  assessed  in  the  Real  estate, 
town   where  the  estate  lies,  to  the  person  who  is   the    where  taxed. 
oyt'ner  or  in  possession  thereof  on  the  first  day  of  April 

in  each  year.  In  cases  oi  mortgaged  real  estate,  the 
mortgager,  for  the  purposes  of  taxation,  shall  be  deemed 
the  owner,  until  the  mortgagee  takes  possession,  after 
which  the  mortgagee  shaft  be  deemed  the  owner. 

11.  Whenever  the  owner  of  real  estate  notifies  the  g^andinff  wood 
assessors  that  any  part  of  the  wood,  bark  and  timber  and  timber,  to 
standing  thereon  has  been  sold  by  contract,  in  writing,    ^^^^™ 

^  J  '  &'     assessed. 

and  exhibits  to  them  proper  evidence  thereof,  they  shall  j^ijj  §  jq. 
assess   such   wood,   bark  and   timber   to   the    purchaser  issi,  c.  45. 
thereof.     A  lien  is  created  on  such  wood  and  timber,  for  ^^^^  created 
the  payment  of  such  taxes  ;  and  may  be  enforced  by  the    thereon, 
collector  by  a  sale  thereof  when  cut,  as  provided  in  section  ^'^''  ^^'^'  ^'  ^' 
one  hundred  and  four. 

12.  When  a  tenant  paying  rent  for  real  estate  is  taxed 
therefor,  he  may  retain  out  of  his  rent  half  of  the  taxes  Landlord  and 
paid  by  him  ;  and  when  a  landlord  is  assessed  for  such    *®"^"*  ^  P^y 

^  ''  equally. 

real  estate,  he  may  recover  half  of  the  taxes  paid  by  him  j^j^^  g  ^g. 

oHartland  v.  Church,  supra;  Parsons  v.  Bangor,  61  Maine,  457;  9  Gray 
357. 

lOHobbs  V.  Clements,  32  Maine,  67;  Orland  v.  Ellsworth,  5G  Maine,  47; 
Cum.  M.  Railway  v.  Portland,  37  Maine,  444. 


514  TAXES. 

and  his  rent  iu  the  same  action  against  the  tenant,  unless 
there  is  an  agreement  to  the  contrary. 

13.  All  personal  property  within  or  without  this  State, 
Personal  estate  except  in  the  cases  enumerated  in  the  following  section, 
owne^^reTictes!  ^^^^^  ^^  assessed  to  the  owner  in  the  town  where  he  is  an 
Ibid  §  13.        inhabitant  on  the  first  day  of  April  in  each  year. 

*  14.  The  exempted  cases  referred  to  in  the  preceding 

Exceptions.       section  are  the  following  : 

First.     All   goods,   wares  and  merchandise,  alU^  logs, 

merchaliciire    timber,  boards  and  other  lumber,  and  all  stock  in  trade, 

andiumber.     including  stock  employed  in  the  business  of  any  of  the 

Ibid,  and  1881,    mechanic  arts,  in  au}^  town  within  this  State,  other  than 

c  '^8 

For  other  pro-  where  the  owners  reside,  shall  be  taxed  in  such  town  if  the 
vision  about  owuers,  their  tenants,  or  any  person  contracting  under 
property  by  ^^^^  for  the  building  of  any  house,  shop,  store  or  vessel 
persons  out  of  for  sucli  purposes,  occupy  any  store,  shop,  mill,  wharf, 
iSf'/So  laiiding  or  ship-yard  therein,  for  the  purposes  of  such 
1872,  c.  23,        tenancy  or  contract. 

1876,  c.  126.  Second.     All  machineryi^  employed  in  any  branch  of 

Machineiy  and  manufacture,  and  all  goods  manufactured  or  unmanufac- 

cof  orltion^s*    tured,  and  all  real  estate  belonging  to  any  corporation, 

R.  s.,  1871,  c.  6,  shall  be  assessed  to  such  corporation  in  the  town  or  other 

§  ^*-  place   where   they   are   situated    or   employed ;    and    in 

assessing  the  stockholders  for  their  shares  in  any  such 

corporation,  their  proportional  part  of  the  value  of  such 

machinery,  goods  and  real  estate  shall  be  deducted  from 

the  value  of  such  shares. 

Third.     All  mules, i^  horses,  neat  cattle,    sheep,   and 
swine  shall  be  taxed  in  the  town  where  they  are  kept  on 
Horses,  cattle,    the  first  day  of  April,  in   each  year,  to  the  owner  or 
Ibid.  person,  who  has  them  in  possession  at  that  time,  all  such 

animals,  which  are  in  any  other  town,  than  that  in  which 
the  owner  or  possessor  resides,  for  the  purpose  of  past- 
uring or  any  other  temporary  purpose  on  said  first  day  of 

"Ellswortli  V.  Brown,  53  Maine  519;  Waite  v.  Princetown,  66  Maine  225; 
Desmond  v.  Macliiasport,  48  Maine,  478;  101  Mass.  329;  103,  Mass.  278;  104, 
Mass.  586;  Cliarlestown  v.  Co.  Commr's,  109  Mass.  270. 

12  Cum.  M.  R.  V.  Portland,  suj)ra.  As  to  Aqueduct  Co.  v.  White  Prince- 
town,  100  Mass.  183.    As  to  Gas  Co.  pipes  see  12  Allen,  75;  60  Maine,  199. 

13  Hemming\vay  v.  Machias,  33  Maine  445.  As  to  street  railway  horsesand 
other  property,  see  8  Allen,  330. 


TAXES.  515 

April,  shall  be  taxed  to  such  owner  or  possessor  in  the 
town  where  he  resides,  and  all  such  animals,  which  are 
out  of  the  State,  or  in  any  unincorporated  place  in  the 
State  on  said  first  day  of  April,  for  any  purpose,  and 
being  owned  by,  or  in  charge  and  possession  of  any 
person  residing  in  any  town  in  this  State,  shall  be  taxed 
to  such  owner  or  possessor  in  the  town  where  he  resides. 
If  a  town  line  so  divides  a  farm  that  the  dwelling  house 
thereon  is  in  one  town,  and  the  barn  or  out-buildings  or 
any  part  of  them  is  in  another,  such  animals  kept  for  the 
use  of  said  farm,  shall  be  taxed  in  the  town  where  the 
house  is. 

FouHli.     All  personal  property^"*  belonging  to  minors  pej.gouai 
under  guardianship  shall  be  assessed  to  the  guardian  in    property  of 
the   place   where   he   is   an   inhabitant.      The    personal    M»»norsand 

wards. 

property  of  all  other  persons,  under  guardianship,  shall 
be  assessed  to  the  guardian  in  the  town  where  the  ward  is 
an  inhabitant. 

Fifth.     All   personal   property!^  held   in   trust    by   an  pej^g^jj^i 
executor,  administrator,  or  trustee,  the  income  of  which    property  of 
is  to  be  paid  to  any  married  woman  or  other  person,    ™«"ied 

i-iiT_  1.^111         T^  1  •    t  women,  held 

snail  be  assessed  to  the  husband  of  such  married  woman,  intrust. 
or  to  such  other  person,  in  the  place  of  which  he  is  an 
inhabitant.  But  if  such  married  woman,  husband  or 
other  person  resides  out  of  the  State,  it  shall  be  assessed 
to  such  executor,  administrator,  or  trustee,  in  the  place 
where  he  resides. 

Sixth.  Personal  property  placed  in  the  hands  of  any 
corporation  as  an  accumulating  fund  for  the  future  benefit  Funds  in  trust 
of  heirs  or  other  persons,  shall  be  assessed  to  the  person  ^^^  \iQiTi,  &c. 
for  whose  benefit  it  is  accumulating,  if  ^ithin  the  State, 
otherwise  to  the  person  so  placing  it,  or  his  executors,  or 
administrators  until  a  trustee  is  appointed  to  take  charge 
of  it  or  its  income,  and  then  to  such  trustee. 

Seventh.     The  personal  property  of  deceased  persons^^  Personal 
in   the  hands  of  their  executors  or  administrators  not    property  of 
distributed,  shall  be  assessed  to  the  executors  or  admin-    goS^^    ^^ 

»  4  Allen,  402. 

"  6  AUen,  277 ;  13  Allen,  267. 

"  »7  Mass.  321;  102  Mass.  348. 


516 


TAXES. 


Property  held 
by  religious 
societies. 

See  §  6,  item 
4th. 

Personal 
property  in 
another  state 
or  country, 

1877,  c.  182. 

Betterments  on 
exempted 
lands. 

R.  S.,  c.  6,  §  15. 


Toll  bridges. 
Ibid.  §  16. 
1880,  §  233. 


Stock  of  cor- 
poration sup- 
plying gas  or 
water. 

R.  S.,  1871,c.6, 
§17. 


Duties  of 
assessors,  &c. 
Ibid.  §  18. 


istrators  in  the  town  where  the  deceased  last  dwelt,  until 
the}^  give  notice  to  the  assessors,  that  said  propert}^  has 
been  distributed  and  paid  over  to  the  persons  entitled  to 
receive  it.  If  the  deceased  at  the  time  of  his  death  did 
not  reside  in  the  State,  such  property  shall  be  assessed 
in  the  town,  in  which  such  executors  or  administrators 
live. 

Eighth.  Personal  property  held  by  religious  societies 
shall  be  assessed  to  the  treasurer  thereof  in  the  town 
where  such  societies  usually  hold  their  meetings. 

Ninth.  Personal  property  in  another  state  or  country 
on  the  first  day  of  April  and  legally  taxed  there. 

15.  Betterments  and  improvements  made  upon  such 
lands  of  literary  institutions  as  are  exempted  from  taxa- 
tion, not  including  sites  and  buildings  occupied  by  such 
institutions  and  their  officers,  shall  be  deemed  personal 
property,  and  taxed  to  the  tenant  as  owner  thereof  in  the 
town  where  they  are. 

16.  The  stock  of  all  toll  bridges  shall  be  taxed  as  per- 
sonal property,  to  the  owners  thereof,  in  the  towns  where 
they  reside,  except  stock  owned  by  persons  residing  out 
of  the  State,  which  shall  be  taxed  in  the  town  or  towns 
where  the  bridge  is  located,  and  where  such  bridge  is  lo- 
cated iu  two  towns  one-half  of  such  stock  so  owned  by 
persons  residing  out  of  the  State  shall  be  assessed  and 
taxed  in  each  town. 

17.  The  stock  in  any  local  corporation,  chartered  for 
the  purpose  of  supplying  cities  or  towns  with  water  or 
gas,  held  by  any  person  out  of  the  State  or  unknown 
shall  be  subject  to  taxation,  in  the  city  or  town  where 
such  corporation  is  located  or  transacts  its  ordinary 
business,  as  provided  for  the  taxation  of  bank  stock,  in 
section  thirty -two  of  chapter  six  Revised  Statutes. 

18.  The  powers  of  assessors,  collectors  and  treasurers, 
and  the  liens  on  the  stocks,  shall  be  the  same  as  provided 
in  sections  thirty-two,  thirty-three,  thirty-five  and  thirty- 
six  of  chapter  six  of  Revised  Statutes,  and  the  duties 
therein  imposed  on  cashiers,  shall  be  performed  by  the 
treasurers  of  such  corporations. 


TAXES.  517 

19.  AVheu  a  clerk  of  a  corporation  holding  property  Clerks  failing 
liable  to  be  taxed,  fails  to  comply  with  the  requirements   J^™s^^^^" 
of  the  twenty-first  section  of  the  forty-sixth  chapter  of  i^^^  g  jg 
Revised  Statutes,  whether  the  corporation  was  chartered 

before  or  since  the  separation  of  Maine  from  Massachu- 
setts, such  property  for  the  purposes  of  taxation,  shall  be 
deemed   corporate   property,   liable   to  be  taxed  to  the  how  taxable, 
corporation,   although  its  stock   has   been   divided   into 
shares  and  distributed  among  any  number  of  stockholders. 
Such  property,  both  real  and  personal,  is  made  taxable 
for  state,  county,  city,  town,  school  district,  and  paroch- 
ial taxes,  to  be  assessed  and  collected  in  the  same  manner 
and  with  the  same  effect  as  upon  similar  unexempted 
property  owned  by  individuals.    If  the  corporation  is  one 
which  has  the  right  to  receive  tolls,  such  right  or  franchise  Franchise  may 
may  be  taken  and  sold  on   warrant  of  distress  for  pay-   be  sold  in  cer. 
meut  of  such  taxes,  the  sanae  as  such  property  is  taken   t^"^<^^»- 
and  sold  on  execution. 

20.  Blood  animals,  brought  into  the  State  and  kept  for  Blood  animals, 
the  purpose  of  improvement  of  the  breed,  shall  not  be  ibid- §20. 
taxed  at  a  higher  rate  than  stock  of  the  same  quality  and 

kind  bred  in  the  State. 

21.  All  goods,  wares,  merchandise,  or  other  personal 
property,  which,  on  the  first  day  of  April  in  each  year.  Personal  prop- 
are  within  this  State  for  the  purpose  of  sale,  and  owned    ^Sdente!''" 
by  persons  residing  out  of  the  State,  shall  be  taxed  to  the  p^id.  §  21. 
person  or  persons  having  them  in  possession  for  the  pur- 
pose of  sale. 

22.  Such  person  shall  have  a  lien  thereon,   which  he 

may  enforce  for  the  repayment  of  all  sums  by  him  law-  Lien  in  favor 
fully  paid  in  discharge  of  the  tax.     A  lien  is  also  created    ^^  person  pay- 

"  ingtax. 

upon  the  property  for  the  payment  of  the  tax  which  may  i^id.  §  22. 
be  enforced  l^y  the  constable  or  collector  to  whom  the  tax 
is  committed,  by  a  sale  of  the  property,  as  provided  in 
R.  S.,  1871,  chapter  six,  sections  one  hundred  and  six, 
one  hundred  and  eleven  and  one  hundred  and  twelve. 

23.  If  any  person  under  the  provisions  of  the  foregoing  Remedy  for 
section  pays  more  than  his  proportionate  part  of  the  tax,    v^y^rig  more 
or  if  his  own  goods  or  property  are  applied  to  the  pay-    tiJl°o7ter 
ment  and  discharge  of  the  whole  tax,  he  shall  be  entitled  ibid.  §23. 


518  TAXES. 

to  recover  of  the  owner  of  the  goods,  wares,  or  merchan- 
dise, such  portion  of  the  whole  tax,  as  would  be  such 
owner's  proper  share. 

24.  When  an  insurance  or  other  incorporated  company 
panics  invest-  is  required  by  law  to  invest  its  capital  stock  or  any  part 
ed  how  taxed,  thereof  in  the  stock  of  a  bank  or  banks,  or  other  corpor- 

ibid,  24.  ation  in  this  State,  for  the  security  of  the  public,  such 

investments  shall  not  be  liable  to  taxation  except  to  the 
stockholders  of  the  company  so  investing  as  making  a 
part  of  the  value  of  their  shares  in  the  capital  stock  of 
said  company ;  and  when  the  capital  stock  of  any  insur- 
ance company  incorporated  in  this  State,  is  taxed  at  its 
full  value,  the  securities  and  pledges  held  by  said  com- 
pany to  the  amount  of  said  stock,  shall  be  exempt  from 
taxation  ;  but  if  the  pledge  or  security  consists  of  real 
estate  in  a  town  other  than  that  where  the  stockholders 
reside,  it  shall  be  taxed  where  it  lies,  and  the  stock  shall 
be  exempt  to  the  amount  for  which  it  is  assessed. 

25.  When  personal  property^"^  is  mortgaged  or  pledged, 
Mortgaged  per-  [^  shall,  for  the  purposes  of   taxation,  be  deemed  the 

sonal  proper-  ,       ,  .      .  .  i 

ty  how  taxed,    property  of  the  party  who  has  it  m  possession  and  may 

ihid.  §25.  be  distrained  for  the  tax  thereon.     Money  or  personal 

1878,  c.  77.         property,  loaned  or  passed  into  the  hands  or  possession 

of  another  by  any  person  residing  in  this  State,  secured 

by  an  absolute  deed  of  real  estate,  shall  be  taxed  to  the 

grantee,  the  same  as  in  case  of  a  mortgage,  although  the 

land  is  taxed  to  the  grantor  or  other  person  in  possession. 

26.  The  undivided  real  estate  of  any  deceased  person 
Real  estate  of    jjj^y  be  assessed  to  his  heirs  or  devisees  without  designa- 

one  deceftsed 

how  taxed.       ^^^^  ^^  ^^J  ^^  them  by  name  until  they  give  notice  to  the 

R.  s.  1871,  c.  6,    assessors  of  the  division  of  the  estate,  and  the  names  of 

the  several  heirs  or  devisees  ;  and  until  such  notice  is 

given,  each  heir  or  devisee  shall  be  liable  for  the  whole  of 

such  tax,  and  have  a  right  to  recover  of  the  other  heirs  or 

devisees  their  portions  thereof  when  paid  by  him,  and  in 

an  action  of  that  purport  the  undivided  shares  of  such 

heirs  or  devisees  in  the  estate,  upon  which  such  tax  has 

been  paid,  may  be  attached  on  mesne  process,  or  taken 

on  execution  issued  on  judgment  recovered  in  an  action 

"  10  Allen,  100;  2  Elliott  v.  Spiuney,  69  Maine,  31. 


TAXES.  519 

therefor.  Or  such  real  estate  may  be  assessed  to  the 
executor  or  administrator  of  the  deceased,  and  such 
assessment  shall  be  collected  of  them  the  same  as  taxes 
assessed  against  them  in  their  private  capacity,  and  shall 
be  a  charge  against  the  estate  and  allowed  by  the  judge 
of  probate  ;  but  when  such  executor  or  administrator  no- 
tifies the  assessors  that  he  has  no  funds  of  the  estate  to 
pay  such  taxes,  and  gives  them  the  names  of  the  heirs 
and  the  proportions  of  their  interest  in  the  estate  to  the 
best  of  his  knowledge,  the  estate  shall  no  longer  be 
assessed  to  him. 

27.  Partners^^  in  mercantile  and  otlier  business,  whether  partners'  per- 
residing  in  the  same  or  different  towns,  may  be  jointly  sonai  proper- 
taxed,  under  their  partnership  name,  in  the  town  where    ^' 

their  business  is  carried  on,  for  all  the  personal  property  1379  c."m 
enumerated  in  the  first  paragraph  of  section  fourteen, 
employed  in  such  business ;  and  if  they  have  places  of 
business  in  two  or  more  towns,  they  shall  be  taxed  in 
each  town  for  the  portion  of  property  employed  therein  ; 
excepting  if  any  portion  of  such  property  is  placed, 
deposited  or  situated  in  a  town  other  than  where  their 
place  of  business  is,  under  the  circumstances  specified  in 
the  first  paragraph  of  section  fourteen,  they  shall  be 
taxed  therefor  in  such  other  town  ;  and  in  these  cases 
they  shall  be  jointly  and  severally  liable  for  such  tax. 

28.  All  real  estate, '^  and  such  as  is  usually  called  real,  Lands  mav  be 
but  is  made  personal  by  statute,  may  be  taxed  to  the    assesserrto 
tenant  in  possession,  or  to  the  owner,  whether  living  in   ^^!*^^ 
the  State  or  not,  in  the  town  where  it  is;  and  when  a  r. s. c.6. §28. 
state,  county  or  town  tax  is  assessed  on  lands  owned  or  Part  owner 
claimed  to  be  owned  in  common  or  in  severalty,  any  per-    ™*y^^^^^^* 
son  may  furnish  the  collector,  or  treasurer,  to  whom  the    arateiy. 
tax  is  to  be  paid,  an  accurate  description  of  his  part  of 

the  land,  in  severalty,  or  his  interest,  in  common,  and 
pay  his  proportion  of  such  tax  and  thereupon  his  land  or 
his  interest  shall  be  free  of  all  lien  created  by  such  tax. 

"  Stockwell  V.  Brewer,  59  Maine,  286;  7  Gray,  128;  ia5  Mass.  519. 

"  Herriman  v.  Stowers  4.3  Maine,  497;  Hartland  v.  Church,  47  Maine,  169; 
Winslow  V.  Morrill,  47  Maine,  411. 

32 


520 


TAXES. 


Assessments 
may  continue 
to  be  made  on 
same  person 
till  notice 
given. 

Ibid.  29. 


Property  of 
certain  cor- 
porations for 
manufactur- 
ing, &c.  where 
taxed. 

Ibid.  §30. 
1878.  c.  47. 


Real  estate  of 
banks  where 
taxed. 

R.  S.  1871.  c.  6. 
§31. 


Stock  of  banks 
where  taxed. 
Ibid. 


Bank  Stock  out 
of  State. 
Ibid.  §  32. 


29.  When  assessors  continue  to  assess  real  estate  to 
the  person  to  whom  it  was  last  assessed,  such  assessment 
shall  be  valid,  though  the  ownership  or  occupancy  has 
changed,  unless  previous  notice  is  given  of  such  change, 
and  of  the  name  of  the  person  to  whom  it  has  been  trans- 
ferred or  surrendered  ;  and  a  tenant  in  common,  or  joint 
tenant,  may  be  considered  sole  owner  for  the  purpose 
of  taxation,  unless  he  notifies  the  assessors  what  his 
interest  is. 

30.  The  buildings,  lands,  and  other  property  of  manu- 
facturing, mining  and  smelting  corporations,  made  per- 
sonal property  by  their  charters,  and  not  exempt  from 
taxation,  and  all  stock  used  in  factories,  shall  be  taxed 
to  the  corporations,  or  to  the  persons  having  possession 
of  their  property  or  stock,  in  the  town  or  place  where  the 
corporations  are  established,*  or  the  stock  is  manufactured  ; 
and  there  shall  be  a  lien  for  one  year  on  such  property 
and  stock  for  the  payment  of  such  tax,  and  it  may  be 
sold  for  the  payment  thereof  as  in  other  cases ;  and  the 
shares  of  the  capital  stock  of  such  corporations  shall  not 
be  taxed  to  their  owners. 

31.  All  real  property^^  in  this  State,  owned  by  any 
banks  incorporated  by  the  laws  of  this  State,  or  by  any 
national  banks  or  banking  associations,  shall  be  taxed  in 
the  place  where  the  property  is  situated,  to  said  bank  or 
banking  association,  for  state,  county  and  municipal 
taxes,  according  to  its  value,  as  other  real  estate  is  taxed  ; 
but  the  stock  of  such  banks  shall  be  taxed  to  the  owners 
thereof  where  they  reside,  if  known  to  be  residents  of 
this  State  ;  but  the  taxation  of  shares  m  such  banks -shall 
not  be  at  a  greater  rate  than  is  assessed  upon  other 
moneyed  capital  in  the  hands  of  individual  citizens  of 
the  State. 

32.  The  stock^i  of  any  bank  held  by  persons  out  of  the 
State  or  unknown,  and  that  has  not  been  certified  accord- 
ing to  the  provisions  of  chapter  forty-six,  section 
twenty-one,  of  the  Revised  Statutes,  in  any  city,  or  town 


20  Stetson  V.  Bangor,  supra,  and  (iases  cited. 

21  Shares  in  National  Banks  are  taxable  at  their  market  value  without  de- 
duction on  account  of  investments  of  the  Bank  in  U.  S.  securities ;  3  Wal- 
ace,  573;  23  WaUace,  480;  see  14  Allen,  359;  99  Mass.  141. 


TAXES.  521 

in  this  State,  and  is  not  there  assessed  ;  and  the  stock  of 
any  bank  appearing  by  the  books  thereof  to  be  held  by 
persons  residing  out  of  the  State,  or  whose  residence  is 
unknown  to  the  assessors,  shall  be  assessed  in  the  town 
where  such  bank  is  located,  or  transacts  its  ordinary 
business  ;  and  such  city  or  town  shall  have  a  lien  from 
and  after  the  date  of  such  assessment  on  such  stock  and 
all  dividends  thereon,  until  such  tax  and  any  cost  or 
expenses  arising  in  the  collection  thereof  are  paid.  No 
assignment,  sale,  transfer  or  attachment  shall  pass  any 
property  in  such  stock  unless  the  vendee  first  pays  such 
tax  and  costs  ;  and  the  cashiers  of  banks  are  required  to 
return  to  the  assessors  of  the  town  where  such  bank  is 
located  or  transacts  its  business,  all  the  stock  in  such 
bank  not  returned  to  the  assessors  or  other  towns,  accord- 
ing to  the  provisions  of  said  section  twenty-one,  chapter 
forty-six ;  and  such  returns  shall  be  made  at  the  time  and 
in  the  manner  prescribed  in  said  section,  and  shall  be 
made  the  basis  of  taxation  of  such  property. 

33.  The  cashier  or  other  officer  of  each  bank,  is  hereby  Cashiers  re- 
required  to  exhibit  on  demand,  to  the  assessors  of  any    ^^t  ^^^' 
town  all  the  books  of  such  bank  that  contain  any  record  ibid.  §  33. 

of  the  stock  of  such  bank  or  any  dividend  declared  or 

paid  thereon,  and  if  requested,  shall  deliver  to  them  a 

true  and  certified  copy,  of  so  much  of  said  record  as  they  Deliver  certi- 

may  require.     Should  any  cashier  neglect  or  refuse  to    dipidend.^ 

perfoi-m  the  duties  required  by  this  and  the  preceding 

section,  the  assessors  may  doom  such  bank  in  such  sum 

as  they  deem  reasonable,  and  the  assessment  shall  bind 

the  bank,  and  the  tax  thereon  shall  not  be  abated,  and 

such  cashier  shall  be  liable  for  such  neglect  or  refusal, 

to  the  penalty  prescribed  in  section  twenty-three,  chapter 

forty-six,  of  the  Revised  Statutes. 

34.  When  returns  of  stock  in  the  banks  and  national  shares  to  be- 
banking  associations  are  made  according  to  the  provisions    ^^^^  ^"  ^^® 
of  section  twenty -one  of  chapter  forty-six,  or  the  preced-    i,ank  is  loca- 
ing  section,  if  it  be  found  by  the  assessors  of  any  town    ted  when  resi- 
receiving  such  returns  that  the  holders  of  such  stock  do    er^runk^owli 
not  reside  in  such  town,  they  shall  within  fifteen  days    or  out  of  the 
return  the  names  of  such  stockholders,  with  the  amount    ^^^^' 


522 


TAXES. 


Ibid.  §  34.  of  stock  held  by  them,  to  the  assessors  of  the  town  where 

1879.  c.  139.  such  stockholders  reside,  if  their  residence  is  known,  and 
within  the  State ;  and  if  not,  such  return  shall  be  made 
to  the  assessors  of  the  town  where  the  bank  is  located, 
and  shall  be  subject  to  the  provisions  of  section  thirty- 
two. 

35.  The  collector  of  any  town  to  whom  has  been  com- 

CoUectorof  ,  ,        «  i        i  i     n        -ai.' 

taxees  to  give  mitted  a  tax  upon  the  stock  of  any  banks,  shall,  withm 
notice.  thirty  days  after  the  bills  of  assessment  are  delivered  to 

^35.^^^  ^  ^    ^i^'  cause  a  notice  in  writing  to  be  delivered  to  the  cash- 
No  dividend       ier  or  president  of  such  bank,  stating  the  description  of 
paid  till  tax  is  gtock  taxed,  to  whom  assessed,  if  stated  in  the  bills,  and 
^'^""  the   tax   thereon.     No  dividend  shall  be  paid  on  such 

Tax  charged  in 

offset.  stock  after  such  notice  until  the  tax  and  any  cost  thereon 

are  paid.  The  cashier  may  pay  such  tax,  and  payment 
shall  constitute  a  lawful  charge  in  offset  againt  any  divi- 
dend thereon.  Should  such  tax  remain  unpaid  ninety 
days  after  such  notice,  the  collector  may  sell  such  stock 
Powers  of  col-  in  the  manner  specified  in  sections  one  hundred  and  ten, 

tended  ^^  ^^^  ^^^^  hundred  and  eleven  of  chapter  six  of  the  Revised 
Statutes.  For  the  purpose  of  collecting  taxes  on  bank 
stock,  collectors  may  act  in  any  city,  town  or  plantation 
in  this  State. 

36.  The  treasurer  of  any  town,  and  anj^  successor  in 

Actions  main-  .         .  .  , 

tained  by         omce,  may  maintain  an  action  on  the  case  against  any 
treasurers  of    bank,  and  recovcr  therein  the  tax  assessed  if  .unpaid,  and 
-  cities.  ^^^  lawful  charges  upon  any  share  thereof,  if  there  has 

Ibid.  §  36.  been  paid  after  such  tax  was  assessed  any  dividend  there- 

on ;  but  judgment  shall  not  be  rendered  in  such  action 
for  a  larger  sum  in  damages  than  the  dividend  thus  paid, 
and  all  such  taxes  and  charges  may  be  recovered  in  one 
suit,  if  said  treasurer  so  elects. 

37.  When  any  assessors,  after  completing  the  assess- 
ment  of    a    tax,  discover    that   they   have   by   mistake 

Supplement-      Omitted  any  polls  or  estate  liable  to  be  assessed,  they 
ments  may  be   "^^^^  during  their  term  of  office,  by  a  supplement  to  the 
made  to  cor-     invoice  and  valuation,  and  the  list  of  assessments,  assess 
rect  mistakes.  ^^^^^  p^^j^g  ^^^  estates  their  proportion  of  such  tax  accord- 
ibid.  §37.  jjjg  ^Q  ^jjg  principles  on  which  the  assessment  was  made, 
certifying  that  they  were  omitted  by  mistake.     Such  sup- 
plemental assessments  shall  be  committed  to  the  collector 


TAXES.  523 

with  a  certificate  under  the  hands  of  the  assessors,  stating 
that  they  were  omitted  by  mistake,  and  that  the  powers 
in  their  previous  warrant,  naming  the  date  of  it,  are 
extended  thereto ;  and  the  collector  shall  have  the  same 
power,  and  be  under  the  same  obligations  to  collect  them, 
as  if  they  had  been  contained «in  the  original  list ;  and  all 
assessments  shall  be  valid,  notwithstanding  that  by  such 
supplement  the  whole  amount  exceeds  the  sum  to  be 
assessed  by  more  than  five  per  cent.,  or  alters  the  propor- 
tion of  tax  allowecl  by  law  to  be  assessed  on  the  polls. 

38.  When  a  state  tax  is  ordered  by  the  legislature,  the  Treasurer  of 
the  Treasurer  of  State  shall  forthwith  send  his  warrants    state  to  issue 
directed  to  municipal  oflScers  of  each  town  or  other  place    gj^^^  ^^^ 

in  this  State,  requiring  them  to  assess  upon  the  polls  and  n^id.  §  38. 
estates  of  each,  its  proportion  of  such  state  tax  for  the 

1880.  c.  239. 

current  year ;  and  shall  in  like  manner  send  like  warrants 
for  the  state  tax  for  the  succeeding  year,  forthwith  upon 
the  expiration  of  one  year  from  the  time  such  tax  is  so 
ordered.  The  tax  for  each  year  shall  be  separately 
ordered  and  apportioned ;  and  the  amount  of  such  pro- 
portion shall  be  stated  in  the  warrants. 

39.  The  treasurer,  in  his  warrant,  shall  require  said  whattreasur- 
oflScers  to  make  a  fair  list  of  their  assessments,  setting    ®^'^  warrant 

J,  .  requires. 

forth  m  distinct  columns  against  each  person's  name,  how  r.  s.  c.  6,  §  39. 
much  he  is  assessed  for  polls,  how  much  for  real  estate, 
and  how  much  for  personal  estate,  distinguishing  any 
sum  assessed  to  such  person  as  guardian,  or  for  any 
estate  in  his  possession  as  executor,  administrator,  or 
tnistee  ;  to  insert  in  such  list  the  number  of  acres  of  land 
assessed  to  each  non-resident  proprietor,  and  the  value  at 
which  they  have  estimated  them  ;  to  commit  such  list, 
when  completed  and  signed  by  a  majority  of  them,  to  the 
collector  or  collectors,  constable  or  constables  of  such 
town  or  other  place,  with  their  warrant  or  warrants  in 
due  form  of  law,  requiring  them  to  collect  and  pay  the 
same  to  the  treasurer  of  state,  at  such  times  as  the  legis- 
lature within  the  act  authorizing  such  tax,  directed  them  to 
be  paid ;  and  to  return  a  certificate  of  the  names  of  such 
officers,  and  the  amount  so  committed  to  each,  one  month 
at  least  before  the  time  at  which  they  are  required  to  pay 
in  such  tax. 


524 


TAXES. 


Assessors  to  be 
governed  by 
the  rules  es- 
tablished. 

Ibid.  §  40. 

1876.  c.  91. 

Poll  tax  how 
assessed,  &c. 


Assessors  re- 
sponsible for 
personal 
faithfulness 
only. 

K.  S.  1871.  c.  6, 
§41. 


Collectors  how 
chosen. 
Ibid.  §  97. 
1874,  c.  223. 


Fees  and  trav- 
el of  collect- 
ors. 

R.  S.  1871.  c.  6, 
§98. 


40.  In  the  assessment  of  all  state,  county,  town, 
plantation,  parish  or  society  taxes,  the  assessors  thereof 
shall  govern  themselves  by  the  rules  contained  in  this 
chapter,  until  otherwise  provided  by  the* legislature, 
except  in  parishes  and  societies  where  different  provision 
for  assessing  their  taxes  is^ade  ;  and  shall  assess  on  the 
taxable  polls  therein  such  part  of  the  whole  sum  to  be 
raised  as  they  rrfay  deem  expedient ;  but  the  whole  poll 
tax  assessed  in  one  year  upon  an  individual  for  town, 
county  and  state  purposes,  except  highway  taxes  sepa- 
rately assessed,  shall  not  exceed  three  dollars.  The  same 
rule  shall  be  observed  in  the  assessment  of  highway 
taxes  ;  and  the  residue  of  such  taxes  shall  be  assessed  on 
the  estates  according  to  their  value. 

41.  The  assessors  of  towns,  plantations,  school  dis- 
tricts, parishes  and  religious  societies,  shall  not  b^  re- 
sponsible for  the  assessment  of  any  tax  which  they  are  by 
law  required  to  assess  ;  but  the  liability  shall  rest  solely 
with  the  corporations  for  whdse  benefit  the  tax  was 
assessed,  and  the  assessors  shall  be  responsible  only  for 
their  own  personal  faithfulness  and  integrity. 

42.  When  towns^^  choose  collectors,  they  may  agree 
what  sum  shall  be  allowed  for  the  performance  of  their 
duties  ;  but  if  none  are  chosen,  or  if  those  chosen  refuse 
to  serve  or  give  the  requisite  bonds,  the  assessors  may 
appoint  a  suitable  person  to  act  as  constable  and  collector 
for  the  collection  of  taxes,  and  in  case  the  person  so 
appointed  refuses  to  serve  or  give  the  requisite  bond, 
then  they  may  appoint  one  of  their  board  to  act  as  con- 
stable and  collector  for  the  collection  of  taxes. 

43.  In  case  of  distress  or  commitment  for  the  non-pay- 
ment of  taxes,  the  officer  shall  have  the  same  fees  which 
sheriffs  have  for  levying  executions,  saving  that  the 
travel,  in  case  of  distress,  shall  be  computed  only 
from  the  dwelling  house  of  the  officer  to  the  place  where 
it  is  made. 


22  Payson  v.  Hall,  30  Maine,  319;  Smith  v.  Titcomb,  &c.  31  Maine,  272 ;  Crow- 
ell  V.  Whittier,  39  Maine,  530. 


TAXES.  525 

44.  Every  collector  or  constable,   required   to  collect  Collector  to 
taxes,  shall   receive   a   warrant  from   the  selectmen   or    ^^^^^^^^^^^ 
assessors  of  the  kind  hereinbefore  mentioned,  and  shall  ibid.  §  99. 
faithfully  obey  its  directions. 

45.  The  assessors  shall  require  such  constable  or  col-  To  give  ap- 
lector  to  give  bonds  for  the  faithful  discharge  of  his  duty,  j^J'^Jg  ^oq^'''^- 
to  the  inhabitants  of  the  town,  in  such  sum,  and  with 

such  sureties  as  the  municipal  officers  approve,  and  bonds 
of  collectors  of  plantations  shall  be  given  to  the  inhabi- 
tants thereof,  approved  by  the  assessors,  with  like  con- 
ditions. 

46.  AYhen  tax  is  paid  to  a  collector  or  constable,  he  Constables  or 

collectors  to 

shall  give  a  receipt  therefor  on  demand  and  if  he  neglects    give  receipt 

on  demand. 

or  refuses  so  to  do,  he  shall  forfeit  five  dollars  to  the  ibid.  §  101. 
aggrieved  party,  to  be  recovered  in  an  action  of  debt.     A    sue  in  his  own 
collector  or  his  administrator  may  sue  in  his  own  name.      isso.  c.'206. 

47.  If  any  person^^  refuses  to  pay  the  whole  or  any  part    71. 

of  the  tax  assessed  against  him  in  accordance  with  the  coUectors  to 
provisions  of  this  chapter,  the  constable,  collector,  or  other    distrain  if  ta?^ 
person  whose  duty  it  is  to  collect  the  same,  may  distrain  ,?°c^^^«^'  . 
him  by  any  of  his  goods  and  chattels,  not  by  the   law 
exempt,  for  the  whole  or  any  part  of  his  tax,  and  keep 
such  distress  for  the  space  of  four  days  at  the  expanse 
of  his  owner,  and  if  he  does  not  pay  his  tax  within  that 
time  the  distress  shall  be  openly  sold  at  vendue  by  the 
officer  for  its  payment.      Notice  of  such  sale  shall  be 
posted  up  in  some  public  place  in  the  town,  at  least  forty- 
eight  hours  before  the  expiration  of  said  four  days.     The 
officer,  after  deducting  the  tax  and  expense  of  sale,  shall 

restore  the  balance  to  the  former  owner,  with  a  written  ^       ,     *  v, 

'  Overplus  to  be 

account  of  the  sale  and  charges. ^^  restored. 

48.  If  a  person  so  assessed,  for  the  space  of  twelve  ^^id.  §105. 

days  after  demand,  refuses  or  neglects  to  pay  his  tax  and  ,^ 

^  '■    -^  After  twelve 

to  show  the  constable  or  collector  sufficient  goods  and    days  notice 

chattels  to  pay  it,  he   may  arrest  and  commit  him  to  iail,    collector  may 

^•11  1  •^•-.•111,  imprison. 

till  he  pays  it,  or  is  discharged  by  law.  ibid.  §  loe. 

22  Scarborough  v.  Parker,  o3  Maine,  252;  Bethel  v.  Mason,  55  Maine,  501. 

23  Seekins  v.  Goodale,  61  Me.  400;  Brackett  v.  Vining,49Me.  356;  Blanch- 
ard  V.  Dow,  32  Me.  557. 


526 


TAXES. 


And  before  if 
about  to  ab- 
scond. 

Ibid.  §  107. 


When  payable 
in  install- 
ments, whiole 
may  be  de- 
manded of  one 
about  to  re- 
move. 

Ibid.  §  108. 


Former  col- 
lector to  com- 
plete collec- 
tions. 

Ibid.  §  109. 


May  distrain 
shares  in  a 
corporation. 

Ibid.  §  110. 

Duties  of 
ofllcers  of  the 
corporation. 


Ibid.  §  111. 


Collector  may 
collect  in  any 
part  of  state. 

Ibid.  §  112. 


49.  If  the  assessors  think  there  are  just  grounds  to 
fear  that  any  person  so  assessed  may  abscond  before  the 
end  of  said  twelve  days,  the  constable  or  collector  may 
demand  immediate  payment,  and  on  refusal,  he  may  com- 
mit him  as  aforesaid. 

50.  When  ta:^  is  made  payable  by  installments  and  any 
person,  who  was  an  inhabitant  of  the  town  at  the  time  of 
making  such  ta:^  and  assessed  therein,  is  about  to  remove 
therefrom  before  the  time  fixed  for  any  payment  the  col- 
lector or  constable  may  demand  and  levy  the  whole  tax, 
though  the  time  for  collecting  any  installment  has  not 
arrived ;  and  in  default  of  payment  he  may  distrain  for 
it,  or  take  the  course  provided  in  section  one  hundred 
and  six. 

51..  When  new  constables  or  collectors  are  chosen  and 
sworn  before  the  former  officers  have  perfected  their  col- 
lections, the  latter  shall  complete  all  .their  collections  as 
if  others  had  not  been  chosen  and  sworn. 

52.  For  non-pay ment^"*  of  taxes,  the  collector  or  con- 
stable may  distrain  tlie  shares  owned  by  the  delinquent  in 
the  stock  of  any  corporation  ;  and  the  same  proceedings 
shall  be  had  as  when  like  property  is  seized  and  sold  on 
exefjution. 

53.  The  proper  officers  of  such  corporation,  on  request 
of  such  constable  or  collector,  shall  give  him- a  certificate 
of  the  shares  or  interest  owned  by  the  delinquent  therein, 
and  issue  to  the  purchaser  certificates  of  such  shares 
according  to  the  by-laws  of  the  corporation. 

54.  When  a  person  taxed  in  a  town,  in  which  he  was 
living  at  the  time  of  assessment,  removes  therefrom  before 
paying  his  tax  such  constable  or  collector  may  demand  it 
of  him  in  any  part  of  the  State,  and  if  he  refuses  to  pay 
it  he  may  distrain  him  by  his  goods,  and  for  want  thereof 
may  commit  him  to  the  jail  of  the  county  where  he  is  found, 
to  remain  until  his  tax  is  paid.  And  he  shall  have  the  same 
power  to  distrain  property  and  arrest  the  body  in  any  part 
of  the  state,  as  in  the  place  where  the  tax  is  assessed. 


2*  Famsworth  Co.  v.  Rand,  65  Maine,  19;  Caldwell  v.  Hawkins,  40  Maine 


TAXES.  527 

55.  When  a  person  duly  taxed  in  any  town  or  parish,  in  what  case 

dies  before  its  payment,  or  removes  therefrom  to  any    collector  may 
'    -'  *'     sue  for  taxes. 

other  town  or  place  in  the  State  ;  and  when  an  unmarried  j^^^j  ^  ^^^ 

woman   duly  taxed  as  aforesaid,  intermarries  before  the  see  ^os, post, 

payment  thereof,  the  constable  or  collector  may  sue  for   provi.iing  for 
.*..,.  T       ■  ...  2.'  c  action  of  debt. 

the  tax  in  his  own  name,  and  recover  it  m  an  action  or 

debt ;  but  shall  recover  no  costs,  unless  he  demanded  it 

before  bringing  the  action. 

56.  If  any  money  not  raised  for  a  leojal  object,  is  assessed  ^ 

''J  o  J       7  Assessments 

with  other  moneys  legally  raised,  the  assessment  shall  not    not  void  if 
be  void  nor  shall  any  error,  mistake,  or  omission  by  the    I'^ciudes  sums 

'  .  .  ,     ,  '       for  an  illegal 

assessors,  collector,  or  treasurer,  render  it  void  ;  but  any  object, 
person  paying  said  such  tax,  may  bring  his  action  against  ibid.  §  lu. 
the  town  in  the  Supreme  Judicial  Court  for  the  same  county, 
and  shall  recover  the  sum  not  raised  for  a  legal  object, 
with  twenty-five  per  cent,  interest  and  costs,  and  any 
damages  he  has  sustained  by  reason  of  the  mistakes, 
errors  or  omissions  of  such  officers. ^^ 

57.  When  the  owner  of  improved  lands  living  in  this 

state,  but  not  in  the  town  where  the  estate  lies,  is  taxed,  CoUeetions 
and  neglects  for  six  months  after  the  lists  of  assessment   non^res^idents 
are  committed  to  an  officer  for  collection,  to  pay  his  tax,    of  improved, 
such  officer  may  distrain  him  by  his  goods  and  chatfels,    ^*°^' 
and  for  want  thereof,  commit  him  to  jail  in  the  county 
where  he  is  found  or  after  two  months  written  notice,  he 
may  sue  him  for  such  tax  in  his  own  name  in  an  action  of 
debt.26 

58.  When   the   owner  or  possessor  of   goods,  wares,  Taxes  on  chat- 
merchandise,  horses,  mules,  neat  cattle,  sheep  or  swine,    teisof  non- 
resides  in.  any  other  town  than  the  one  in  which  such  per-    ^^^'^^°^- 
sonal  property  is  kept  and  taxed,  the  constable  or  collector 

having  a  tax  on  such  animals  for  collection  may  demand 
it  of  such  owner  or  possessor  in  any  part  of  the  State,  and 
on  his  refusal  to  pay  it  may  distrain  him  by  his  goods, 
and  for  want,  thereof,  may  commit  him  to  jail  in  the 

«  Hathaway  v.  Addison,  48  Maine,  440;  Look  v.  Industry,  51  Maine,  375. 

«« For  law  with  regard  to  collection  of  taxes  on  real  estate  of  resident 
owners,  see  R.  S.  1871,  c.  6,  §  167,  et  ^eq.  and  act  1881,  c.  1 ;  and  with  regard 
to  assessment  of  taxes  in  incorporated  places  see  R.  S.  1871,  c.  6.  §  60,  etseq. 
and  acts  1880,  c.  2.39, 1881,  c.  71;  and  61  Maine,  552;  57  Maine,  277;  53  Maine, 
505;  63  Maine,  311 :  112  Mass.  218;  6  Pick.  98. 


528 


TAXES. 


Collector  may 
demand  aid. 

R.  S.  1871,  c.  6, 
§117. 


Collectors  to 
exhibit  ac- 
count of  col- 
lections once 
in  two  months. 

Ibid.  §  118. 


Collectors  re- 
moved, or 
about  to  re- 
move may  be 
required  to 
give  up  tax 
bills. 

Ibid.  §  119. 


Penalty  for 
refusing  to 
deliver  tax 
bills. 

Ibid.  §  120. 


county  where  he  is  found  till  he  pays  it  or  is  discharged 

by  law. 

59.  Any  collector  impeded  in  collecting  taxes,  in  the 

executions  of  his  office,  may  require  proper  persons  to 
assist  him  in  any  town  where  it  is  necessary,  and  -any 
person  refusing  when  so  required,  shall,  on  complaint, 
pay  not  exceeding  six  dollars  at  discretion  of  the  justice 
before* whom  the  conviction  is  had,  if  it  appears  that  such 
aid  was  necessary  ;  and  in  default  of  payment,  the  justice 
may  commit  him  to  jail  for  forty-eight  hours. 

60.  Every  collector  of  taxes  shall  once  in  two  months 
at  least  exhibit  to  the  municipal  officers,  and  where  there 
are  none,  to^  the  assessors  of  his  town,  a  just  and  true 
account  of  all  moneys  received  on  the  taxes  committed  to 
him,  and  produce  the  treasurer's  receipts  for  money  by 
him  paid ;  and  if  he  neglects  to  do  so,  he  shall  forfeit  to 
the  town  two  and  a  half  per  cent,  on  the  sums  committed 
to  him  to  collect. 

61.  When  a  collector  having  taxes  committed  to  him  to 
collect,  has  removed ;  or  in  the  judgment  of  the  munici- 
pal officers^  assessors  or  treasurer  of  a  town  or  com- 
mittee or  treasurer  of  a  parish,  is  about  to  remove 
out  of  the  state  before  the  time  set  in  his  warrants 
to  make  payment  to  such  treasurers ;  or  when  the  time 
has  elapsed,  and  the  treasurer  has  issued  the  warrant  of 
distress,  in  either  case,  said  officers  or  committee  of  the 
parish,  may  call  a  meeting  of  such  town  or  parish, 
to  appoint  a  committee  to  settle  with  him  for  the 
money  he  has  received  on  his  tax  bills,  demand  and 
receive  of  him  such  bills  and  discharge  him  therefrom, 
and  said  meeting  may  elect  another  constable  or  col- 
lector ;  and  the  assessors  shall  make  out  a  new  warrant 
and  deliver  it  to  him  with  said  bills,  to  collect  the  sums 
due  thereon,  and  he  shall  have  the  same  power  in  their 
collection  as  the  original  collector. 

62.  If  such  collector  or  constable  refuses  to  deliver  the 
bills  of  assessment,  and  pay  all  moneys  in  his  hands,  col- 
lected by  him,  when  duly  demanded  of  him,  he  shall  pay 
two  hundred  dollars  to  the  use  of  the  town  or  parish  as  the 
case  may  be,  and  be  liable  to  pay  what  remains  due  on 
said  bills  of  assessment. 


TAXES.  529 

63.  When  a  constable  or  collector  of  taxes  dies,  becomes  When  collector 
insane,  has  a  guardian,  or  by  bodily  infirmities,  is  incapa-  ^^\  ^21 

ble  of  doing  the  duties  of  his  office  before  completing  the 
collection,  the  assessors  may  appoint  some  suitable  person 
a  collector  to  perfect  such  collection,  and  grant  him  a 
warrant  for  the  purpose ;  and  he  shall  have  the  same 
power  as  the  disqualified  collector  or  constable  ;  but  no 
person  shall  be  so  appointed  without  his  consent ;  and  in 
these  cases,  the  assessors  may  demand  and  receive  the 
tax  bills  of  any  person  in  possession  of  them,  and  deliver 
them  to  the  new  collector. 

64.  When  it  appears  that  such  insane  or  disqualified  g^^^  overpaid 
constable  or  collector  had  paid  to  the  treasurer  a  larger  sum    to  be  restored. 
than  he  had  collected  from  the  persons  in  his  list,  the  ^^^'  ^  ^^' 
assessors  in  their  warrant  to  such  new  constable  or  collec- 
tor, shall  direct  him  to  pay  such  sum  to  the  guardian  of 

such  insane,  or  to  such  disqualified  constable  or  collector. 

65.  The  state  treasurer  shall  issue  a  warrant  of  distress, 

signed  by  him,  against   any  constable   or  collector,  to    urermayis- 
whom  a  tax  has  been  committed  for  collection,  who  is    sue  warrant 
negligent  in  paying  into  the  public  treasury  the  money    quelTt^treas!" 
required  within  the  time  limited  by  law  ;  and  direct  itHo    urer. 
the  sheriff  of  the  county  in  which  such  negligent  officer  lives  ^^^-5  ^^• 
or  to  his  deputy,  returnable  in  sixty  days  from  its  date, 
to  cause  the  sum  due  to  be  levied,  with  interest  thereon 
from  the  day  fixed  for  the  payment,  and  fifty  cents  for 
the  warrant,  by  distress  and  sale  of  such  deficient  officer's 
real  or  personal  estate,  returning  any  overplus  there  is, 
and  for  want  thereof,  to  commit  him   to  jail  till  he  pays 
it;  and  the  sheriff  is  bound  to  obey  such  warrant;  war- 
rants not  satisfied  may  be  renewed  for  the  amount  unpaid 
to  be  of  like  validity,  and  executed  in  like  manner. 

66.  If  a  deficient  constable  or  collector  has  no  estate 

which  can  be  distrained,  and  his  person  cannot  be  found    ^henits  cof- 
within  three  months  after  a  warrant  of  distress  issues    lector  fails  to 
from  the  state  treasurer ;  or  if  being  committed  to  jail,  jJJlf'iige 
he  does  not  within  three  months  satisfy  it,  his  town  shall, 
within  three  months  after  said  three  months,  pay  to  the 
state  treasury,  the  sums  due  from  him. 

67.  The   assessors   having   written    notice   from    such 
treasurer  of  the  failure  of  their  constable  or  collector, 


530 


TAXES. 


Assessors  in 
such  case  to 
make  new 
assessment. 

Ibid.  §  127. 


Taxes  may  be 
collected  by 
action  of 
debt  by  town. 

1874,  c.  232. 


Additional 
way  to  collect 
state  tax  on 
any  corpora- 
tion. 

1876,  c.  115. 


Time  fixed  for 
payinj?  tax ; 
interest. 

Act  1876,  c.  92. 


shall  forthwith,  witliout  any  further  warrant,  assess  the 
sum  so  due  upon  the  inhabitants  of  their  town  as  the  sum 
so  committed  was  assessed,  and  commit  it  to  another 
constable  or  collector  for  collection  ;  and  if  they  neglect 
so  to  do,  the  treasurer  of  the  State  shall  issue  his  warrant 
against  them  for  the  whole  sum  due  from  such  constable 
or  collector,  which  shall  be  executed  by  the  sheriff  or  his 
deputy,  as  other  warrants  issued  by  such  treasurer.  If 
after  such  second  assessment  the  tax  is  not  paid  to  the 
treasurer  within  three  months  from  the  date  of  the  com- 
mitment, the  treasurer  may  issue  his  warrant  to  the 
sheriff  of  the  county  requiring  him  to  levy  it  on  real  and 
personal  property  of  any  inhabitants  of  the  town,  as  here- 
inbefore provided. 

68.  In  addition^'''  to  the  methods  now  provided  by  law 
for  the  collection  of  taxes  legally  assessed  in  towns 
against  the  inhabitants  thereof,  or  parties  liable  to  taxa- 
tion therein,  an  action  of  debt  may  be  commenced  and 
maintained  in  the  name  of  the  inhabitants  of  an}^  town  to 
which  a  tax  is  due  and  unpaid,  against  the  party  liable 
for  such  tax ;  provided,  however,  that  no  defendant  in 
any  such  action  shall  be  liable  for  costs  of  suit,  or  any 
part  thereof,  unless  it  shall  appear  by  the  declaration  in 
the  writ  and  proof,  that  payment  of  said  tax  had  been 
duly  demanded  prior  to  the  commencement  of  such  suit. 

69.  In  addition  to  any  remedies  now  provided  by  law 
for  the  collection  of  state  taxes  upon  any  corporation, 
such  taxes  may  be  recovered  by  an  action  of  debt,  or  an 
action  on  the  case  in  the  name  of  the  State,  which  action 
may  be  brought  in  any  county  where  such  corporation  has 
its  place  of  business,  or  where  the  action  is  against  a  rail- 
road corporation  in  any  county,  where  such  railroad  cor- 
poration owns  or  operates  any  railroad  line  or  track.  The 
remedies  provided  by  this  act  may  be  used  for  the  collection 
of  any  such  tax  heretofore  assessed. 

70.  Whenever  a  city  or  town  has  fixed  a  time  within 
which  taxes  assessed  therein  shall  be  paid,  such  city,  by 
its  city   council,  and  such  town,  at  the  meeting   when 


27  This  statute  of  1871,  c.  232  construed.    Bulfinch  v.  Benner,  64  Maine, 
404;  York  v.  Goodwin,  67  Maine,  260;  Vassalborough  v.  Smart,  70  Maine,  303. 


TAXES.  531 

money  is  appropriated  or  raised,  may  vote  that  on  all 
taxes  remaining  unpaid  after  a  certain  time,  interest  shall 
be  paid  at  a  specified  rate,  not  exceeding  one  per  centum 
per  mouth  ;  and  the  interest  accruing  under  such  vote  or 
votes  shall  be  added  to,  and  be  a  part  of  such  taxes. 

71.  The  assessors  shall  continue  to  be  elected  on  the 

second  Monday  in  March.     At  the  first  election  thereof  EiecUon  of  as- 
under this  act,  three  persons  shall  be  elected  assessors,    sessors.  Their 
one  of  whom  shall  be  elected  for  one  year,  one  for  two  city  charter 
years,  and  one  for  three  years ;  and  at  each  subsequent    §  8. 
election  one  assessor  shall  be  elected  for  three  years,  each 
of  whom  shall  continue  in  oflSce  until  some  other  person 
shall  have  been  elected  and  qualified  in  his  place.     The 
city  council  shall  elect  an  assistant  assessor  in  each  ward, 
whose  duty  it  shall  be  to  furnish  the  assessors  with  all  the 
necessary  information  relative  to  persons  and  property 
taxable  in  his  ward  ;  he  shall  be  sworn  or  affirmed  to  the 
faithful  performance  of   his   duty.      All  taxes  shall  be 
assessed,  apportioned  and  collected  in  the  manner  pre- 
scribed by  the  laws  of  this  State  relative  to  town  taxes, 
e^ept  as  herein  modified  ;  and  the  city  council  may  estab- 
lish further  or  additional  provisions  for   the   collection  interest, 
thereof  and  of  interest  thereon. 

72.  The  treasurer  of  the  city  of  Portland  shall  also  be  Treasurer 
the  collector  for  said  city,  with*  all  the  powers  of  collector    shau  be  coi- 
of  taxes  under  the  laws   of  this  State.      All   warrants    Ss/* 
directed  to  him  by  the  assessors  and  municipal  oflScers  ibid.  §  20. 
shall  run  to  him  and  his  successors  in  offico^  and  shall  be 

in  the  form  prescribed  by  law,  changing  such  parts  only 
as  by  this  act  are  required  to  be  changed.  The  method 
of  keeping,  vouching  and  settling  his  accounts,  shall  be 
subject  to  such  rules  and  regulations  as  the  city  council 
may  establish.  Said  treasurer  and  collector  shall  collect 
all  such  uncollected  taxes  and  assessments  in  whatever 
year  assessed  as  may  be  collected  during  his  term  of 
office  ;  and  at  the  expiration  of  said  term,  his  powers  as 
collector  shall  wholly  cease ;  all  sales,  distresses,  and  all 
other  acts  and  proceedings,  lawfully  commenced  by  him 
as  such  treasurer  and  collector,  may  be  as  effectually  con- 
tinued and  completed  by  his  successor  in  office  as  though 


532  TAXES. 

done  by  himself ;  and  all  tinreturned  warrants,  which 
would  otherwise  be  returnable  to  him,  shall  be  returned 
to  his  successor  in  office. 

Ordinances. 
1.  All  notices  of  advertisements  of  sales  of  real 
estate  for  non-payment  of  taxes,  by  the  treasurer  and 
Advertisement  collector,   or  Ms  dcDuties,  in  addition  to  the  notices 

of  sale  of  real  ^  .  .  ^ 

estate.  now  required  by  law,  shall  be  published  in  one  of 

^1880,  f  1.^*  ^^'  *^®  daily  papers  of  the  city,  three  times  successively, 

previous  to  the  day  of  sale. 
Pubucation  by      2.  It  shall  be  the  duty  of  the  city  treasurer  and 

treasurer.        collcctor,  between  the  first  and  fifteenth  day  of  March, 

Ibid.  §  2.  .  . 

annually,  to  publish  in  one  of  the  daily  newspapers 
in  the  city,  a  list  of  all  the  taxes  assessed  upon  resi- 
dents amounting  to  twenty  dollars  and  upwards,  then 
remaining  unpaid  in  the  bills  committed  to  him, 
together  with  the  names  of  the  persons  assessed 
therefor. 

3.  It  shall  be  the  duty  of  the  assessors  to  make 
8or?  ^  ^^^^^  ^^^  ^^^  deliver  to  the  Treasurer  and  Collector  at  the 
n)id.  §  3.  time  of  the  commitment  of  the  warrant  for  the  collec- 

tion of  taxes  in  each  year,  tax  bills  for  all  taxes 
assessed  upon  all  resident  persons  and  estates,  with 
the  name  and  residence  of  the  same  marked  thereon. 
Duty  of  treas-      ^'  ^^^  Treasurer  and  Collector  shall  immediately 
urer  and  col-  issuc  the  tax  bills,  and  if  the  same  are  not  paid  on  or 

lector. 

Ibid.  §  4.  before  the  thirty-first  day  of  December  next  succeed- 

ing the  date  of  the  commitment  of  said  bills  to  him, 
he  shall  issue  a  summons  to  each  delinquent  person 
assessed,  and  if  such  person  shall  not  pay  his  taxes 
within  ten  days  after  the  receipt  of  such  summons, 
or  after  the  service  thereof  in  the  usual  form,  the 
said  Treasurer  and  Collector  shall  issue  his  warrant 
for  the  collection  of  said  taxes  according  to  law. 

Interest.  ^*  ^^  ^^^  taxes  assessed,  interest  shall  be  charged 

at  the  rate  of  six  per  cent,  per  annum,  commencing 


TAXES.  .  533 

on  the  first  day  of   November  next  succeeding  the  n>ia.  §  5. 
commitnient   of    said   bills    to    the   Treasurer    and 
Collector. 

6.  On  all  taxes  paid  on  or  before  the  thirty-first 

.  Discount. 

day  of  October  next  succeeding  the  date  of  the  com-  ibid.  §  e. 
mitment  thereof,  a  discount  of  three  per  cent,  on  the 
same  will  be  allowed. 

7.  All  ordinances  and  parts  of  ordinances  incon- 
sistent  with  this  ordinance  are  hereby  repealed.  md.  §  7. 


Tramps, 


Statutes. 


1.  Begging  prohibited. 

2.  Tramp  defined.     Penalty. 

3.  Fees  of  officers,  &c. 

4.  Tramps  to  be  punished. 

5.  Tramp  entering  a  building,  &c.     Penalty. 

6.  Tramp  injuring  a  person.     Penalty. 

7.  Evidence. 

8.  Who  may  arrest  tramps. 

9.  Special  constables. 

10.  Females  and  minors. 

11.  Advertisement. 

12.  Penalties. 

1.  No  person  not  a  resident  of  this  state,  shall  travel 
Begging  pro-     f^om  town  to  town,  or  from  place  to  place  in  any  town, 

hibited.  '  ^  ^  , 

1878,  c.  78.  begging  for  food  or  shelter,  nor  shall  such  person  sleep  or 
lodge  in  any  barn  or  other  building  without  the  consent  of 
the  owner  thereof. 

2.  Any  person  violating  the  provisions  of  the  foregoing 
Tramp  defined,  section  shall  be  deemed  a  tramp,  and  on  complaint  of  any 

resident  of  this  State,  made  before  any  trial  justice  or 
municipal  or  police  court,  may  be  arrested  on  a  warrant  is- 
sued therefor,  or  maybe  arrested  by  any  constable  or  other 
officer  and  detained  not  exceeding  twenty^four  hours  until 
such  warrant  can  be  obtained ;  and  upon  trial  and  con- 
viction, such  justice  or  court  may  sentence  him  to  pay  a 
ena  ty.  g^^  ^^  twenty  dollars,  and  in  default  of  payment,  he  shall 

be  sent  by  said  justice  or  court  to  the  nearest  county  jail 
having  a  workshop  attached,  to  be  there  confined  at  hard 
labor  not  less  than  four  months  for  the  first  offense,  and 
for  any  subsequent  offense  not  less  than  six  months. 

3.  The  fees  of  officers  and  justices  shall  be  the  same 

as  for  arrest  and  trial  of  common  vagrants,  except  that 
Fees  of  offi- 
cers.  the  officer's  fees  for  commitment  shall  be  one  dollar  and 


TRAMPS.  535 

a  half  for  each  day  necessarily  employed  and  actual 
expenses  of  transportation  ;  all  costs  to  be  paid  by  the 
state,  upon  the  order  of  the  county  commissioners,  out 
of  the  state  pauper  fund  ;  provided,  the  governor  and 
council  shall  be  satisfied  the  person  confined  is  a  tramp, 
having  no  pauper  settlement  in  this  State. 

4.  If   any   person   goes   about   from    place    to    place  Tramps  to  be 
begging  and  asking  or  subsisting  upon  charity,  it  shall  be    Punished, 
evidence  that  he  is  a  tramp,  and  shall,  upon  conviction, 

be  punished  by  imprisonment  at  hard  labor  in  the  state 
prison  not  more  than  fifteen  months. 

5.  Any  tramp  who  shall  enter  any  dwelling  house,  or  rj^j.^^^^  ent^r- 
kindle  any  fire  in  the  highway  or  on  the  land  of  another    ing  a  buiid- 
without  the  consent  of  the  owner  or  occupant  thereof,  or     °^' 
shall  be  found  carrying  any  fire  arm  or  other  dangerous 
weapon,  or  shall. threaten  to  do  any  injury  to  any  person,  or 

to  the  real  or  personal  estate  of  another,  shall  be  pun- 
ished by  imprisonment  at  hard  labor  in  the  state  prison 
not  more  than  two  years. 

6.  Any  tramp  who  shall  wilfully  and  maliciously  do 

...  4.      XI  1  1  Injuring,  a 

any  mjury  to  any  person,  or  to  the  real  or  personal  es-    person, 
tate  of  another,   shall  be  punished  by  imprisonment  at 
hard  labor  in  the  state  prison  not  more  than  five  years. 

7.  Any  act  of  beggary  or  vagrancy  by  any  person  not 

a  resident  of  this  State,  shall  be  evidence  that  the  person  Evidence, 
committing  the  same  is  a  tramp,  within  the  meaning  of 
this  act. 

8.  Any  person,  upon  view  of  any  offence  described  in 

this  act,  may  apprehend  the  offender  and  take  him  before  Apprehension 

,    .   T  .        .  .     1  -,  .    .      1  1.  of  offender. 

a  trial  justice,  or  judge  of  any  municipal  or  police  court 
having  jurisdiction,  for  examination. 

9.  The  mayor  of  every  city  and  the  selectmen  of  every 

town,  are  hereby  authorized  to  appoint  special  constables,  special  con- 
whose  duty  it  shall  be  to  arrest  and  prosecute  all  tramps    stables. 
in  their  respective  cities  and  towns. 

10.  This  act  shall  not  apply  to  any  female  or  minor  Females  and 
under  the  age  of  fourteen  years,  nor  to  any  blind  person,    minors. 

11.  Upon  the  passage  and  approval  of  this  act,  the 
secretary  of  stat^ shall  cause  printed  copies  of  it  to  be  sent  ^<iv®^8«™®^*- 

33 


536  TRAMPS. 

to  the  several  city  and  town  clerks,  who  shall  cause  the  same 
to  be  posted  in  at  least  six  conspicuous  places,  three  of 
which  shall  be  on  the  public  highway. 
Penalties.  12.  All  the  provisions  of  this  act  for  *  penalties  and 

punishments  by  imprisonment  in  the  state  prison,  shall  be 
construed  to  authorize  the  courts  imposing  the  sentence, 
to  sentence  tramps  to  the  state  prison  for  a  shorter  term 
than  one  year,  in  their  discretion. 


Trees, 


statutes. 

1.  Towns,  cities  and  villages  may  make  by-laws  relating  to 

trees. 

2.  Trees  may  be  planted  in  public  places. 

3.  Injury  to  trees.     Penalty. 

Ordinances. 

1.  Ornamental  trees  in  streets,  &c.,  not  to  be  moved,  except, 

&c.     If  horses,  &c.,  mutilate  or  destroy,  penalty. 

2.  Trees  not  to  be  injured,  except  by  consent.     Animals  not 

to  be  fastened  to  trees.     Penalties. 

3.  Duty  of  city  marshal  to  prosecute.     Fines  collected  to 

constitute  a  fund  for  replanting. 

4.  Trees,  May  1,  1871,  taken  as  legally  established. 

5.  How  legally  located. 

6.  Records. 

Statutes. 

1.  Towns,  cities  and  village  corporations  may  make  Towns,  cities, . 
such  by-laws  and  ordinances  as  they  deem  proper,  re-    and  villages 
specting  the  location  and  protection  of  trees,  lamp  posts,    5^*^g™e*iatin^ 
posts  and  hydrants,  within  the  limits  of  their  roads,  ways    to  trees  in 
and  streets  ;  and  no  trees,  lamp  posts,. posts  or  hydrants    street. 

,,   ,  ,  ,  ,     „    ,  «  ,        ,  ,    .      Act  1871,  c.  178.. 

which  are  now  located  or  shall  hereafter  be  located  m  r.  s.,  i87i,  c.3,. 

accordance  with  the  requirements  of  such  by-laws  and    MJ. 

ordinances,  shall  be  deemed  a  defect  in  such  road,  way  Trees  not  a 

'  '        "^     defect  in  the 

or  street.  street. 

2.  A  sum  not  exceeding  five  per  cent,  of  the  amount  Trees  about 
committed  to  him,  may  be^expended  by  a  surveyor,  under   Jurying  lots. 

IT  .  i«i  ."i/Trt  .  !•  R.  S.,  1871,  c.  18,. 

the  direction  of  the  municipal  officers,  in  planting  trees    §  49. 
about  public  burying  grounds,  squares,  and  ways  within 
his  district,  if  the  town  by  vote  authorizes  it. 

3.  Whoever    wilfully    and     maliciously    cuts     down,  ^°j^^*^  ^^'• 
destroys,  or   otherwise   injures   any   shrub   or  tree    for  r.  s.,  i87i, 
ornament   or  use,  shall  be   punished   by   imprisonment  g^'^^^^V  t 
less  than  one  year,  and  by  fine  not  exceeding  one  hun-   tws  section  in^ 

•^         '  *'  ^  reference  to 

dred  dollars.  fences,  &c. 


538 


TREES. 


Ornamental 
trees  on 
streets,  &c., 
not  to  be  re- 
moved, &c., 
without  con- 
sent of  mayor 
and  aldennen. 

Rev.  Ord.,  1868. 

Penalty  if 
horses,  &c., 
mutilate  or 
destroy. 


Trees  shall  not 
he  injured 
without  con- 
sent of  mayor 
and  aldermen. 

Ibid. 


Horses  and 
animals  shall 
not  be  fast- 

^  ened  to. 


Shall  not  in- 
jure. 

Penalties. 

Duty  of  city 
marshal  to 
prosecute. 

Ibid. 

Fines,  Ac, 
collected  to 
constitute 
fund  for  re- 
planting trees. 

Trees  &c., 
taken  to  be 
legally  estab- 
lished. 

Ord,.  May  1, 
1871. 


Ordinances. 

1.  If  any  person  shall  remove,  mutilate,  or  destroy 
any  ornamental  tree  planted,  or  that  may  hereafter 
be  planted,  in  any  of  the  streets,  alleys,  squares,  or 
other  public  places  within  the  limits  of  the  city,  with- 
out a  permit  in  writing  from  the  mayor  and  aldermen, 
he  shall  pay  a  penalty  of  not  less  than  five  nor  more 
than  fifty  dollars  for  each  offence,  according  to  the 
degree  and  aggravation  of  the  offence,  and  if  any 
owner  or  driver  of  any  horse  or  other  animal,  shall 
suffer  them  to  mutilate  or  destroy  any  tree  as  afore- 
said, such  owner  or  driver  shall  pay  a  like  penalty 
for  such  offence. 

2.  No  person,  except  by  permission  of  the  mayor 
and  aldermen,  shall  climb,  break,  peel,  cut,  deface, 
either  by  posting  bills  of  any  description,  or  other- 
wise, remove,  injure  or  destroy  any  of  the  trees 
growing,  or  which  shall  hereafter  be  planted,  on  the 
walks  or  promenades,  or  in  the  streets  or  public 
places  of  the  city ;  and  no  person  shall  in  any  way 
fasten  any  horse  or  other  animal  to  any  of  said  trees, 
or  allow  any  animal  owned  by  him  or  under  his 
control,  to  stand  so  near  to  the  same  that  they  may 
be  gnawed  or  otherwise  injured  by  any  horse  or  other 
animal  so  fastened  or  permitted  to  stand.  Any  per- 
son violating  any  of  the  provisions  of  this  section, 
shall  be  liable  to  a  penalty  of  not  less  than  five  nor 
more  than  fifty  dollars  for  each  offence. 

3 .  It  shall  be  the  duty  of  the  city  marshal  to  prose- 
cute all  violations  of  this  ordinance,  and  the  fines  and 
forfeitures  thus  collected,  ^hall  constitute  a  fund  for 
replanting  of  such  trees  as  have  been  thus  removed  or 
destroyed. 

4.  All  trees,  lamp-posts,  posts  and  hydrants,  now 
placed  and  being  within  the  limits  of  the  streets 
of  the  city,  are  hereby  declared  to  be  and  shall  be 
taken  to  be  legally  established  and  located. 


TREES.  539 

5.  Any  tree,  lamp-post,  post  or  hydrants,  or  any  see  Lampposts. 
post  for  the  protection  of  the  same,  shall  be  taken  to  ^^d^^"""^  ^''" 
be  legally  established  within  the  limits  of  any  street  i^w. 

of  the  city,  when  it  has  been  located  therein  by  order 
or  with  approval  of  the  mayor,  or  joint  standing 
committee  on  streets,  sidewalks,  and  bridges,  or 
street  commissioner. 

6.  When  an  order  is  given,  under  the  provisions  of  ^^^^ 
this  ordinance,  it  shall  be  recorded  by  the  city  clerk  njid. 
in  a  book  provided  for  that  purpose  and  kept  in  his 
office.    ^ 


Vinegar. 


Adulteration- 

of  vinegar. 

Act  1881,  c.  6. 

February  11, 

1881. 


Use  of  bad  in- 
gredients. 


.Inspectors. 


Statutes. 

1.  Vinegar,  adulteration  prohibited. 

2.  Vinegar,  use  of  bad  ingredients  in. 

3.  Municipal  oflacers  to  appoint  inspectors. 

1.  Whoever  manufactures  for  sale,  or  knowingly  ofifers 
or  exposes  for  sale,  or  knowingly  causes  to  be  branded 
or  marked  as  cider  vinegar,  any  vinegar  not  the  legiti- 
mate product  of  pure  apple  juice,  known  as  apple  cider, 
and  not  made  exclusively  of  said  apple  cider,  but  into 
which  any  foreign  substances,  ingredients,  drugs  or  acids 
have  been  introduced,  as  shall  appear  by  proper  tests, 
shall,  for  each  such  offence,  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  one  hundred  dollars. 

2.  Whoever  manufactures  for  sale,  or  knowingly  offers 
or  exposes  for  sale,  any  vinegar  found,  upon  proper  tests, 
to  contain  any  preparation  of  lead,  copper,  sulphuric 
acid,  or  other  ingredient  injurious  to  health,  shall,  for 
each  such  offence,  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars. 

3.  The  mayor  and  aldermen  of  cities  shall,  and  the 
selectrhen  of  towns  may,  annually  appoint  one  or  more 
persons  to  be  inspectors  of  vinegar,  for  their  respective 
places,  who  shall,  before  entering  upon  their  duties,  be 
sworn  to  the  faithful  discharge  of  the  same. 


Wards.' 


Statutes. 

1.  City  divided  into  seven  wards. 

2.  Island  ward. 

3.  Island  ward  made  two  wards  as  to  election  of  certain 

officers. 

4.  Change  in  wards,  must  be  approved  by  the  legal  voters. 

Order  of  City  Council. 

1.  Ward  one. 
Ward  two. 
,Ward  three. 
Ward  four. 
Ward  five. 
Ward  six. 
Ward  seven. 

2.  Not  to  take  effect  until  ratified  by  legal  voters. 

Statutes. 

1 .  The  city  shall  remain  divided  into  seven  wards  ;  and  ^^^  cUvidecr 

it  shall  be  the  duty  of  the  city  council,  once  in  ten  years    into  seven 

or    oftener,    to    revise,    and  if   it  be  needful,   to  alter  ^^^^l' 

'  '  '  city  charter, 

such  wards,  in  such  manner  as  to  presei've,  as  nearly  as  §  n. 
may  be,  an  equal  number  of  voters  in  each.  In  each  of 
said  wards,  at  the  annual  municipal  election,  there  shall 
be  chosen  by  ballot,  a  warden  and  clerk,  who  shall  hold 
their  offices  for  one  year  from  the  Monday  following  their 
election,  and  until  others  shall  have  been  chosen  and 
qualified  in  their  places.  Said  warden  and  clerk  shall  be 
sworn  or  affirmed  to  the  faithful  performance  of  their  wardens  and 
respective  duties  by  any  justice  of  the  peace  of  the  city ; 
and  a  certificate  of  such  oaths  or  affirmations  haying  been 
administered,  shall  be  entered  by  the  clerk  on  the  records 
of  the  wards.  The  warden  shall  preside  at  all  ward  meet- 
ings with  the  powers  of  moderators  of  town  meetings.    If 

*  For  provisions  as  to  election  of  ward  officers,  and  voting  in  wards,  see 
title  "Elections,"  ante,  and  B.  S.  1871,  c.  4. 


542 


WAEDS. 


"Ward  meetings 
how  called. 


Island  ward. 
Ibid.  §  15. 


See  next 
section, 
making  two 
island  wards 
for  certain 
purposes. 


at  any  meeting  the  warden  shall  not  be  present,  or  shall 
refuse  to  preside,  the  clerk  of  such  ward  shall  call  the 
meeting  to  order  and  preside  until  a  warden  ^>7'o  tern. 
shall  be  chosen.  If  both  are  absent,  or  shall  refuse  to 
act,  a  warden  and  clerk  pro  tern,  shall  be  chosen.  The 
clerk  shall  record  all  proceedings,  and  certify  the  votes 
given,  and  deliver  over  to  his  successor  in  office  all  such 
records  and  journals,  together  with  all  other  documents 
and  papers  held  by  him  in  said  capacity.  The  voters  of 
each  ward  may  choose  two  persons  to  assist  the  warden 
in  receiving,  sorting  and  counting  the  votes.  All  regular 
ward  meetings  shall  be  notified  and  called  by  warrant 
from  the  mayor  and  aldermen,  in  the. manner  prescribed 
by  the  laws  of  this  State  for  notifying  and  calling  town 
meetings  by  the  selectmen  of  the  several  towns. 

2.  In  addition  to  the  seven  wards,  the  several  islands 
within  the  city  of  Portland  are  so  far  constituted  a  sepa- 
rate ward  as  to  entitle  the  legal  voters  thereon  to  choose 
a  warden,  ward  clerk,  and  one  constable,  who  shall  be 
residents  on  such  islands.  They  shall  hold  their  ward 
meetings  on  any  one  of  the  islands  which  a  majority  of 
the  qualified  voters  residing  on  said  islands  may  designate, 
and  may,  on  the  days  of  election,  vote  at  the  place 
designated  for  all  officers  named  in  the  warrant  calling 
the  meeting.  The  warden  shall  preside  at  all  meetings, 
receive  the  votes  of  all  qualified  electors  present  whose 
names  are  borne  on  the  lists  ;  shall  sort,  count  and  declare 
the  votes  in  open  meeting  and  in  the  presence  of  the 
clerk,  who  shall  make  a  list  of  the  persons  voted  for,  with 
the  number  of  votes  for  each  person,  and  a  fair  record 
thereof,  in  presence  of  the  warden  and  in  open  meeting, 
and  a  copy  of  the  list  shall  be  attested  by  the  warden  and 
clerk,  sealed  up  in  open  meeting,  and  delivered  to  the 
clerk  of  ward  number  one,  within  eighteen  hours  after 
the  close  of  the  polls,  to  become  a  part  of  the  record  of 
said  ward  ;  and  all  votes  thus  thrown  shall  be  deemed  as 
thrown  in  and  belonging  to  ward  number  one.  All  meet- 
ings of  the  voters  of  said  island  wai'd,  for  choice  of 
municipal  oflScers,  shall,  after  the  business  of  the  meeting 
is  transacted,  stand  adjourned  for  two  days  to  determine 


WARDS.  543 

whether  an  election  has  been  effected ;  and  adjournments 
may  be  had,  not  exceeding  two  days  at  any  one  time,  un- 
til the  election  has  been  effected.  If  the  warden  or  clerk  of 
said  island  ward  shall  be  absent  at  any  election,  a  warden 
or  clerk  may  be  chosen  pro  teyapore.  Or  in  case  of  a 
failure  or  omission  to  elect  a  warden  or  clerk,  said  officers 
may  be  chosen  at  any  legal  meeting  duly  called  in  said 
ward. 

3.  The  several  islands^  within   the   city  of  Portland, 

shall  so  far  constitute  two  separate  wards  as  to  entitle  the  islands  to  be  in 

legal  voters  of  each  of  said  wards  to  choose  a  warden ,    *««  wards  for 

ward  clerk  and  one  constable,  who  shall  be  residents  on    certain  offi- 

said  islands  and  of  their  respective  wards.     The  first  of   cers. 

said  wards  shall  comprise  Long  Island,  Crotch  Island,    §41  ^'amended* 

Hope    Island,   Jewell's    Island    and    Little    Chebeague   by  Act  1879,  c. 

Island,  or  such  parts  of  said  islands  as  are  within  the    ^^' 

city  of  Portland,  and  the  ward  meetings  of   said  first 

ward  shall  be  holden  on  Long  Island.     The  second  of 

said  wards  shall  comprise  the  remaining  islands  within  the 

city  of  Portland,  and  the  ward  meetings  of  said  second 

ward  shall  be  holden  on  Peak's  Island.     The  qualified 

electors  of  each  of  said  wards  may  meet  as  provided  in 

the   thirty-ninth    section    of    chapter   four    of    Revised 

Statutes,  and  also  for  the  choice  of  city  oflficers,  at  the 

place  designated,  and  may,  on  the  day  of  election,  vote 

for  all  officers  named  in  the  warrant  calling  tfte  meeting. 

4.  No  change  in  the  limits  of  any  ward  in  any  city  by  wards  in  cities, 
the  action  of  the  city  council,  shall  be  valid  unless  it  is    change  in  tiie 
approved  by  a  majority  of  the  legal  votes  cast  at  the    to  be  made  ^ 
election  of  city  officers,  held  next  after  such  action  of  the  R.s.  i87i,  c.  3. 
city  council ;  and   the  warrants  for  the  ward  meetings    ^  ^' 

shall  contain  an  article  for  tliat  purpose. 

Order  of  City  Council. 

PASSED   FEBRUARY    19,    1872. 

1.  Ordered^  That  the  present  division  of  the 
wards  of  the  city,  made  March  10,  A.  D.  1862,  be 
changed,  and  that  the  following  described  lines  be  the 
boundaries  of  the  same  :  # 

» See  tiUe  "Elections." 


544  WARDS. 

Ward  i.  Commencing  at  the  harbor  at  a  point 
parallel  with  the  line  of  the  centre  of  Waterville 
Street,  thence  on  such  line  to  the  centre  of  Monument 
Street,  thence  on  such  line  to  the  centre  of  Mountford 
Street,  thence  on  such  line  across  Congress  Street  to 
the  centre  of  Washington  Street  and  Back  Cove 
Bridge  to  the  channel  of  Back  Cove,  comprising  all 
the  city  territory  north  and  east  of  this  line. 

Ward  2.  Commencing  at  the  harbor  at  a  point 
parallel  with  the  line  of  the  centre  of  India  Street, 
thence  through  the  Centre  of  India  Street  to  Congress 
Street,  thence  through  the  centre  of  Congress  Street 
to  Locust  Street,  thence  through  the  centre  of  Locust 
Street  to  Cumberland  Street,  thence  through  the 
centre  of  Cumberland  Street  to  Boyd  Street,  thence 
through  the  centre  of  Boyd  Street  to  the  channel  of 
Back  Cove,  comprising  all  the  territory  between  this 
line  and  the  before  mentioned  line  of  Ward  One. 

Ward  3.  Commencing  at  the  harbor  at  a  point 
parallel  with  the  line  of  the  centre  of  Market  Street, 
thence  through  the  centre  of  Market  Street  to  Con- 
gress Street,  thence  through  the  centre  of  Congress 
Street  to  a  line  parallel  with  the  south  west  line  of  the 
lot  of  land  on  which  the  city  and  county  buildings 
stand,  thence  on  the  southwest  and  northwest  lines  of 
said  lot  to  Myrtle  Street,  thence  through  the  centre 
of  Myrtle  Street  to  the  channel  of  Back  Cove,  com- 
.  prising  all  the  territory  between  this  line  and  the 
before  mentioned  line  of  Ward  Two. 

Ward  4.  Commencing  at  the  harbor  at  a  point 
parallel  with  the  centre  of  Maple  Street,  thence 
through  the  centre  of  Maple  Street  to  Pleasant  Street, 
thence  through  the  centre  of  Pleasant  Street  to  Oak 
Street,  thence  through  the  Centre  of  Oak  Street  to 
Congress  Street,  thence  through  the  centre  of  Con- 
gress street  to  Casco  Street,  thence  through  the  centre 
of  Casco  Street  to  Cumberland  Street,  thence  through 


WARDS.  545 

the  centre  of  Cumberland  Street  to  Hanover  Street, 
thence  throuofh  the  centre  of  Hanover  street  to  the 
channel  of  Back  Cove,  comprising  all  the  territory 
between  this  line  and  the  before  mentioned  line  of 
Ward  Three. 

Ward  5.  Commencing  at  the  harbor  at  a  point 
parallel  with  the  line  of  the  centre  of  Park  Street, 
thence  through  the  centre  of  Park  Street  to  Congress 
Street,  thence  through  the  centre  of  Congress  street 
to  State  Street,  thence  through  the  centre  of  State 
Street  across  Portland  Street  to  the  creek  that  divides 
Portland  and  Deering,  comprising  all  the  territoiy 
between  this  line  and  the  before  mentioned  line  of 
Ward  Four. 

Ward  6.  Commencing  at  the  harbor,  at  a  point 
parallel  with  the  line  of  the  centre  of  Clark  Street, 
thence  through  the  centre  of  Clark  Street  to  Pine 
Street,  across  Pine  Street  to  West  Street,  through 
the  centre  of  West  Street  to  Carle  ton  Street,  thence 
through  the  centre  of  Carleton  Street  to  Confess 
Street,  thence  through  the  centre  of  Congress  Street 
to  Grove  Street,  thence  through  the  centre  of  Grove 
Street  to  the  line  dividing  Portland  from  Deering, 
comprising  all  the  territory  between  this  line  and  the 
before  mentioned  line  of  AYard  Five. 

Ward  7.  Comprising  all  the  ten*itory  southwest  of 
the  before  named  line  of  Ward  Six. 

2.  Ordered,  That  the  foregoing  division  of  the 
city  into  seven  Wards,  shall  be  in  force  and  take 
effect  from  and  after  the  time  that  it  shall  have  been 
approved  by  the  legal  voters  of  this  city  at  Ward 
meetings  held  for  the  election  of  city  officers. 

(The  division  as  above  wa^  approved  by  the  lega 
voters,  March  4,  1872.) 


Watch,  and  Ward. 


[See  revised  Statutes,  1871,  chapter  25.] 


Water. 


Property  of. 
Powers  of. 


Statutes. 

1.  Portland  Water  Company.    Purpose  of. 

2.  Portland  Water  Company. 

3.  Portland  Water  Company. 

water. 

4.  Portland  Water  Company. 

5.  Portland  Water  Company. 

6.  Portland  Water  Company. 

7.  Portland  Water  Company. 

8.  Portland  Water  Company. 

erty. 

9.  Portland  Water  Company. 

10.  Portland  Water  Company. 

11.  Portland  Water  Company. 

12.  Portland  Water  Company. 

13.  Portland  Water  Company. 

14.  Portland  Water  Company. 

rupting  water,  &c. 

15.  Portland  Water  Company. 

16.  Portland  Water  Company. 

men. 

17.  Portland  Water  Company. 

18.  Portland  Water  Company. 

19.  Portland  Water  Company. 

How  long. 

20.  Portland  Water  Company. 

21.  Portland  Water  Company. 

22.  Portland  Water  Company. 

performance. 

23.  Portland  Water  Company. 

24.  Portland  Water  Company. 


Where  to  take 


Liability  to  damages. 
Capital  Stock. 
Eights  of  city  in. 
Same  subject. 
Liability  for  injury  to 


prop- 


Authority  to  lay  pipes,  &c. 
Same  subject. 
Water  supply  to  Portland. 
Power  of  city  in  the  company. 
Penalty  for  obstructing  streets. 
Penalty  to  any  person  for  cor- 

Erecting  dams,  &c. 

Power  of  mayor  and  alder- 
First  meeting. 
May  issue  bonds. 
City  may  exempt  from  taxes. 

Contracts  binding. 

Same  subject. 

Court   of   Equity  to   compel 

Board  of  commissioners. 
Time  for  completing  work. 


WATER.  547 

Ordinances. 

1.  Portland  Water  Company.     Contract  and  consent  of  city 

with. 

2.  Portland  Water  Company.     Permits. 

3.  Portland  Water  Company.     When  streets  shall  be  broken 

into,  &c. 

4.  Portland  Water  Company.     Damages. 

5.  Portland  Water  Company.      Control  of  street  commis- 

sioner. 

6.  Portland  Water  Company.     When  work  to  be  done. 

7.  Portland  Water  Company.  Obstructions  deemed  nuisances. 

8.  Portland  Water  Company,      When  pipes  are  to  be  relaid 

at  expense  of  company. 

9.  Portland  Water  Company.     Penalty  for  injuring  property 

of  the  company. 

Statutes. 

1.  John  B.  Brown,  St.  John  Smith,  Samuel  E.  Spring,  Actof  incor- 
Rensselaer  Cram,  Rufus  E.  Wood,  Jacob  McLellan,  and    porationofthe 

T-»         •      ^ir     /-^i      1  •  1       1     •  •  T  Portland 

Dennis  W.  Llark,  with  their  associates  and  successors,    water  Com- 
are  hereby  made  a  corporation  by  the  name  of  the  Port-    p^^J"- 
land  Water  Company,  for  the  purpose  of  conveying  to  Approved 
the  City  of  Portland,  a  supply  of  pure  water  for  domestic    Feb.  23,1866. 
and  municipal  purposes,  including  the  extinguishment  of    (^^oration 
fires,  the  supply  of  shipping,  and  the  use  of  manufactur-  1866,  c.  159,  §  1. 
ing  establishments.! 

2.  Said  corporation  may  hold  real  and  personal  estate 
necessary  and  convenient  for  the  purpose  aforesaid,  not  Property, 
exceeding  in  amount  one  million  dollars. 

3.  Said  corporation  is  hereby  authorized  for  the  pur- 
poses aforesaid,  to  take  and  hold  so  much  of  the  waters  Powers,  where 
of  Lake  Sebago  as  may  be  necessary  for  the  adequate  ib^(i*'§3^^^i^^^' 
supply  of  water  for  the  City  of  Portland,  and  may  also    amendment 
take  and  hold,  by  purchase  or  otherwise,  any  land  or  real    °^  1867,  c.  364, 
estate  necessary  for  erecting  or  maintaining  d^ms  and 
reservoirs,  and  for  laying  and  maintaining  aqueducts  for 
conducting,  discharging,  distributing,  and   disposing   of 

water,  and  for  forming  reservoirs  thereof. 

4.  Said  corporation  shall  be  liable  to  pay  all  damages 

.,     .     ,     „  1  .    .       -.    ,  .        ,     .  Liability  to 

that  shall  be  sustained  by  any  persons  in  their  property    damages. 

by  the  taking  of  any  land  or  mill  privilege,  or  by  flowage,  ^^^  ^^ee,  c.  159- 

or  excavating  through  any  land  for  the  purpose  of  laying 

down  pipes,  building  dams,  or  constructing  reservoirs  ; 

1  This  act  by  its  terms  took  effect  February  23, 1866. 


548 


WATER. 


Capital  stock. 
Ibid.  §  5. 


Rigtits  of  city 
of  Portland. 

Ibid.  §  6,  and 
1867,  c.  364, 
§2. 


Continued. 
1866,  c.  159. 


Liability  for 
injury  to  pri- 
vate property. 

Ibid.  §  8. 


Authority  to 
lay  pipes,  &c. 
Ibid.  §  9. 


and  if  any  person  sustaining  damage,  as  aforesaid,  and 
said  corporation  shall  not  mutually  agree  upon  the  sum  to 
be  paid  therefor,  such  person  may  cause  his  damages  to 
be  ascertained  in  the  same  manner  and  under  the  same 
conditions,  restrictions  and  limitations  as  are  by  law 
prescribed  in  the  case  of  damages  by  the  laying  out  of 
highways. 

5.  The  capital  stock  of  said  company  shall  not  exceed 
one  million  dollars,  and  shall  be  divided  into  shares  of 
one  hundred  dollars  each.  Said  capital  stock  shall  be 
applied  exclusively  to  the  supply  and  distribution  of  water 
for  the  purposes  set  forth  in  this  act. 

6.  At  or  after  the  expiration  of  six  years  from  the  date 
of  acceptance  of  this  act  by  said  corporation,  the  city  of 
Portland  shall  have  the  right  to  take,  exercise  and  con- 
trol all  the  property,  rights,  powers  and  privileges  of  said 
corporation,  on  paying  to  said  corporation  such  sums  as 
may  be  agreed  upon  by  the  city  and  said  corporation  ;  or 
in  case  they  cannot  agree  upon  the  sum  to  be  paid,  such 
sum  shall  be  fixed  upon  by  three  commissioners,  who  shall 
be  appointed  by  the  supreme  court  upon  the  application 
of  said  city,  and  who  shall  fairly  appraise  the  property 
and  rights  of  said  company,  and  return  their  report 
thereof  to  the  supreme  judicial  court  in  the  county  of 
Cumberland,  which  report,  when  accepted,  shall  be  final 
and  conclusive  upon  the  parties,  and  the  said  court 
may  make  any  orders  or  decrees,  or  issue  any  process, 
necessary  to  carry  the  same  into  effect. 

7.  If  said  corporation  shall  not  be  organized  and  its 
works  put  into  actual  operation  within  three  years  from 
the  approval  of  this  act,  the  city  of  Portland  shall  suc- 
ceed to  ^11  the  rights  and  privileges  herein  granted. 

8.  Nothing  contained  in  this  act  shall  be  Construed  to 
affect  or  diminish  the  liability  of  said  corporation  for  any 
injury  to  private  property  by  depreciating  the  value  thereof 
or  otherwise,  but  said  corporation  shall  be  liable  therefor 
in  an  action  on  the  case. 

9.  The  said  company  are  hereby  authorized  to  lay 
down,  in  and  through  the  streets  of  said  city,  and  to 
take  up,  replace  and  repair,  all  such  pipes,  aqueducts, 
and  fixtures  as  may  be  necessary  for  the  objects  of  their 


WATER.  549 

incorporation,  first  having  obtained  the  consent  of  the 
city  council  therefor,  and  under  such  restrictions  and 
regulations  as  said  city  council  may  see  fit  to  prescribe  ; 
and  any  obstruction  in  any  street  of  said  city,  or  tak- 
ing up,  or  displacement  of  any  portion  of  any  street 
without  such  consent  of  the  city  council,  or  contrary  to 
the  rules  and  regulations  that  may  be  prescribed  as 
aforesaid,  shall  be  considered  a  nuisance,  and  said  com- 
pany shall  be  liable  to  indictment  therefor  and  to 
all  the  provisions  of  law  applicable  thereto;  and  said 
company  shall,  in  all  cases,  be  liable  to  repay  to  said  city 
all  sums  of  money  that  said  city  may  be  obliged  to  pay 
on  any  judgment  recovered  against  said  city  for  damages 
occasioned  by  any  obstructions,  or  taking  up,  or  dis- 
placement of  any  street  by  said  company  whatever,  with 
or  without  the  consent  of  the  city  council,  together  with 
the  counsel  fees  and  other  expenses  incurred  by  said  city 
in  defending  any  suit  to  recover  damages  as  aforesaid, 
with  interest  on  the  same  to  be  recovered  in  an  action  for 
money  paid  to  the  use  of  said  company. 

10.  Whenever  the  company  shall  lay  down  any  pipes 
or  aqueducts  in  any  street,  or  make  any  alteration  or 
repairs  upon  their  works  in  any  street,  they  shall  cause 
the  same  to  be  done  with  as  little  obstruction  to  the  pub- 
lic travel  as  may  be  practicable,  and  shall  at  their  own  ^^^c^^J^^* 
expense,  without  unnecessary  delay,  cause  the  earth  and 
pavement  removed  by  them  to  be  replaced  in  proper  con- 
dition. They  shall  not  be  allowed,  in  any  case,  to 
obstruct  or  impair  the  use  of  any  public  or  private  drain, 

or  common  sewer,  or  reservoir ;  but  said  company  shall 
have  the  right  to  cross,  or  where  necessary,  to  change  the  • 
direction  of  any  private  drain  in  such  a  manner  as  not  to 
obstruct  or  impair  the  use  thereof,  being  liable  for  any 
injury  occasioned  by  any  such  crossing  or  alteration,  to 
the  owner  thereof,  or  any  other  person,  in  an  action  upon 
the  case. 

1 1 .  Said  corporation  shall  furnish  at  all  times,  to  the  city  water  to  Port- 
of  Portland,  without  expense  to  the  city,  for  use  in  the  ibid.  §  ii. 


550  WATER. 

public  buildiDgs,  school  houses  of  the  city,  and  for  the 
extinguishment  of  fires,  such  amount  of  water  as  may  be 
needful  therefor ;  the  necessary  pipes  and  hydrants  for 
distribution  thereof  for  the  purposes  named  in  this  sec- 
tion, being  furnished,  laid  and  connected  with  the  pipes 
of  this  company  at  the  expense  of  the  city. 

12.  At  any  time  after  the  organization  of  the  corpora- 
Power  of  city  .„_,-,,„   n  .,       .       -,  ^ 
in  the  com-       tion  the  City  of  Portland  shall  be  authorized,  upon  a  vote 

pany.  of  the  city  council  to  that  effect,  to  take  and  hold  in  the 

capital  stock  of  the  company  an  amount  not  exceeding 
one-half  thereof,  upon  paying  to  the  company  a  like  pro- 
portional part  of  the  cost  up  to  such  time  of  all  their 
buildings,  works,  dams,  reservoirs,  pipes  and  other  prop- 
erty, and  ten  per  centum  of  such  proportional  part  in 
in  addition  thereto.  The  amount  so  received  by  the  com- 
pany for  the  proportional  part  so  taken  by  the  city,  shall 
be  distributed  and  paid  over  to  the  other  stockholders  in 
proportion  to  their  several  interests,  and  the  par  value  of 
the  several  shares  held  by  them  shall  be  reduced  accord- 
ingly. The  company  shall  at  the  same  time  create  and 
issue  to  the  city  such  a  number  of  shares  of  the  same  par 
value,  together  with  a  fractional  share,  if  necessar}^,  as 
shall  represent  the  whole  amount  paid  by  the  city  for 
the  proportional  part  of  the  capital  stock  sp  taken  ;  at  all 
meetings  of  the  stockholders  of  the  company  the  shares 
held  by  the  city  shall  be  represented  by  such  agent  as  the 
city  council  may,  by  vote  from  time  to  time,  appoint,  who 
shall  be  entitled  to  cast  one  vote  for  every  share  held  by 
the  city,  and  if  said  company  shall  neglect  to  comply 
with  the  provisions  of  this  section  for  the  space  of  one 
•  month  after  an  offer  and  request  from  the  mayor  to  that 
effect,  all  the  rights  and  privileges  of  said  company  shall 
wholly  cease  and  be  of  no  effect ;  and  in  the  event  of  a 
disagreement  between  the  said  company  and  the  city  as 
to  the  cost,  up  to  the  time  of  such  offer,  of  the  property 
of  said  company  as  herein  before  set  forth,  then  upon 
application  of  said  city  the  same  shall  be  determined  by 
commissioners  appointed  in  the  same  manner  as  is  pro- 
vided in  the  sixth  section  of  this  act,  whose  report  when 
accepted  by  the  supreme  judicial  court  shall  be  final  and 


WATER.  551 

conclusive  as  to  the  amount  of  cost  up  to  such  time  of 
the  property  of  said  company. 

13.  If  said  company  or  any  of  their  servants  or  officers 
employed  in  effecting  the  objects  of  the  company  shall  Penalty  for  ob 
willfully  or  negligently  place  or  leave  any  obstruction  in    g^^eC^c. 
any  of  the  streets  of  Portland,  beyond  what  is  actually 

.  iDia.  §  13. 

necessary  in  constractmg  their  works,  laying  down,  tak- 
ing up,  and  repairing  their  pipes  and  fixtures,  or  shall 
wilfully  or  negligently  omit  to  repair  and  put  in  proper 
condition  any  street  in  which  the  earth  or  pavement  may 
have  been  removed  by  them,  the  company  shall  be  sub- 
ject to  indictment  therefor  in  the  same  manner  that  towns 
are  subject  to  indictment  for  bad  roads,  and  shall  be 
holden  to  pay  such  fines  as  may  be  imposed  therefor, 
which  fine  shall  be  collected,  applied  and  expended  in  the 
same  manner  as  is  provided  in  case  of  the  indictment 
aforesaid  against  towns,  or  may  be  ordered  to  be  paid 
into  the  treasury  of  the  city.  If  any  person  shall  suffer 
injury  in  his  person  or  property  by  reason  of  any  such 
negligence,  wilfulness  or  omission,  he  shall  be  entitled  to 
recover  damages  of  the  company  therefor,  by  an  action 
on  the  case  in  any  court  of  competent  jurisdiction. 

14.  Any  person  who  shall  maliciously  injure  any  of  the  penalty  for  m- 
property  of  said  company,  or  who  shall  corrupt  the  waters   juring  prop- 
of  said  creek  or  any  of  its  tributaries,  or  render  them  in    l^^I^l  ^^ 
any  manner  impure,  or  who  shall  throw  the  carcasses  of   waters, 
dead  animals  or  pther  offensive  matter  or  materials  into  ibid.  §i4. 
the  waters  of  said  creek  or  its  tributaries,  or  leave  the 

same  upon  the  same  when  frozen,  or  who  shall  in  any 
manner  wilfully  destroy  or  injure  any  dam,  reservoir, 
aqueduct,  pipe,  hydrant,  or  other  property  held,  owned 
or  used  by  said  corporation  for  the  purposes  of  this  act, 
shall  pay  three  times  the  amount  of  damages  to  said  com- 
pany, to  be  recovered  in  any  proper  action  ;  and  every 
such  person,  on  conviction  of  either  of  said  acts,  shall 
be  punished  by  fine  not  exceeding  five  thousand  dollars, 
and  by  imprisonment  not  exceeding  one  year. 

15.  If  in  the  erection  and  construction  qf  the  works  Erecting  dams, 
herein  provided   for,  it  shall  become  necessary  to  erect    *^* 

•'  Ibid.  §  15. 

34 


men. 
Ibid.  §  16. 


552  WATER.    ^ 

any  dam  or  permanent  works  over  tide  waters,  the  said 
company  is  hereby  authorized  to  erect,  construct  and 
maintain  the  same,  first  having  the  authority,  in  writing, 
of  the  harbor  commissioners  of  Portland  harbor  therefor, 
and  the  approval  of  the  city  council  of  said  city. 
Power  of  May.  l^-  The  mayor  and  aldermen,  for  the  time  being,  shall 
or  and  alder-  at  all  times  have  the  power  to  regulate,  restrict  and  con- 
trol the  acts  and  doings  of  said  corporation,  which  may  in 
any  manner  affect  the  health,  safety  or  convenience  of 
the  inhabitants  of  said  city. 

17.  The  first  meeting  of  said  corporation  may  be  called 
First  meeting,  by  a  notice  signed  by  any  two  of  the  corporators,  pub- 
ibid.  §  17.  lished  five  days  successively  before  the  day  fixed  for  such 

meeting,  in  any  newspaper  published  in  Portland. 
Corporation  1^*  The  said  corporation  may  issue  its  bonds  for  the 

may  issue        construction  of  its  works,  upon  such  rates  and  time  as  it 
aTi^t  c  364  ™^y  deem  expedient,  not  exceeding  in  all  the  sum  of 
§  3.  eight  hundred  thousand  dollars,  and  secure  the  same  by 

a  mortgage  of  the  franchise  and  property  of  said  com- 
pany. ^ 
City  may  ex-  19.     The  citv  couucil  of  the  city  of  Portland,  may,  by 

a«on  foTsix^  ^^^^  exempt  any  property  of  said  corporation  not  now  in 
years.  existen(?e,  from  taxation  for  the  term  of  six  years. 

Ibid.  §  4.  20.  Any  contract  or  stipulations  which  may  be  made 

An  act  addi-      by  the  city  council  of  Portland  on  behalf  of  said  city,  and 
water  Com-      ^^^  Portland  Water  Company,  as  a  condition  of  giving 
pany  ciiarter.  the  couseut  of  said  city  council,  required  in  the  ninth 
Contracts  bind-  section    of    chapter  one   hundred  and  fifty-nine  of  the 
1^8,  c.  497.        special  laws  of  the  year  one  thousand  eight  hundred  and 
sixty-six,  entitled,  "an  act  to  supply  the  people  of  Port- 
land with  pure  water,"  shall  be  binding  on  the  parties 
thereto. 
Same  subject.         21.  The  city  couucil  may  embody  such  conditions  and 
Ibid.  §  2.  stipulations  as  may  be  agreed  upon  by  said  parties,  and 

may  be  deemed  necessary  to  protect  the  interest  of  the 
inhabitants  of  said  city,  in  the  ordinance  by  which  the 
consent  required  in  said  ninth  section  shall  be  given,  and 
such  ordinance  shall  be  binding  on  said  water  company. 
But  nothing  in  such  ordinance  contained  shall  relieve  said 

«  Act  of  1867,  c.  364,  took  effect,  by  its  terms,  Feb.  26, 1867. 


WATER.  553 

company  from  any  of  the  duties  and  liabilities  imposed 
by  said  act  to  which  this  act  is  additional. 

22.  In  addition  to  all  legal  remedies  which  may  at  any  court  of  equity 
time  exist,  the  supreme  judicial  court  shall  have  juris-    to  compel  per 
diction  in  equity,  to  compel  the  performance  of  all  such  j^j^j  g  3 
conditions  and  stipulations,  or  of  any  contract  or  agree- 
ments made  by  said  city  and  said  company  by  virtue  of 

such  conditions  and  stipulations  ;  and  for  this  purpose  it 
may  grant  injunctions  and  make  decrees  of  specific  per- 
formance by  said  company  of  such  conditions,  stipulations 
and  contracts,  upon  a  summary  hearing,  and  from  time 
to  time  modify  such  injunctions  and  decrees  as  the  case 
may  require,  in  accordance  with  the  rules  and  practice  in 
equity  proceedings  in  relation  to  injunctions. 

23.  After  the  city  council  of  Portland  shall  have  given 

its  consent  for  said  company  to  lay  their  pipes  in  the  Bo^rd  of  com- 
streets  as  provided  in  section  nine  of  the  act  aforesaid,  missioners. 
and  shall  have  entered  into  a  contract  with  the  said  com-  ^^^^  §  4 
pany  as  authorized  to  do  by  this  act,  the  mayor  and 
aldennen  of  said  city,  at  any  time  thereafter,  may  and 
are  hereby  authorized  and  empowered  to  appoint  a  board 
of  commissioners,  consisting  of  three  citizens  of  Portland, 
whose  duty  it  shall  be  to  see  that  the  regulations  made 
by  virtue  of  said  act,  and  the  terms  and  conditions  agreed 
upon  between  the  city  and  said  company  are  punctually 
observed  and  performed.  Such  commissioners  shall  be 
appointed  by  nomination  by  the  mayor  and  confirmation 
by  the  board  of  mayor  and  aldermen.  One  shall  be  ap- 
pointed for  one  year,  one  for  two  years,  and  one  for  three 
years,  so  that  one  shall  go  out  of  office  annually  at  the 
same  time  at  which  the  term  of  office  of  mayor  expires^ 
When  the  term  of  any  commissioner  expires,  a  new  ap- 
pointment shall  be  made  in  the  same  manner  for  the 
term  of  three  years.  When  a  vacancy  occurs  in  any 
manner,  an  appointment  shall  be  made  for  the  balance  of 
the  term. 

24.  The  time  allowed  by  law  to  said  company  for  the  ,j,^^^  ^^^.  ^^^^ 
completion  of  its  work  is  hereby  extended  two  years  from   pietion  of 
the  passage  of  this  act.  ST.^!^^' 

^  °  Ibid.  §  5. 


554 


WATER. 


Ordinance, 
March  3, 


•sConh-act  and 
consent. 


Ordinances.^ 

1.  The  Portland  Water  Company  are  authorized  to 
lay  down  in  and  through  the  streets  of  the  city  of 
Portland,  and  to  take  up  and  repair  all  such  pipes, 
aqueducts,  and  fixtures  as  may  be  necessary  for  the 
objects  of  their  incorporation,  subject  to  all  the  re- 
quirements of  their  charter  and  the  additional  act 
approved  February  14,  1868,  and  to  the  conditions 
of  the  following  agreement,  which  is  hereby  incor- 
porated into  this  ordinance  as  a  part  thereof,  and  as 
a  condition  of  the  consent  hereby  given. 

This  memorandum  of  an  agreement  made  and 
entered  into  at  Portland,  this  twenty-eighth  day  of 
February,  A.  D.  1868,  by  and  between  the  city  of 
Portland,  of  the  first  part,  and  the  Portland  Water 
Company,  a  corporation  established  and  organized 
under  the  laws  of  the  State  of  Maine,  party  of  the 
second  part,  witnesseth : 

That  in  consideration  that  the  city  of  Portland  doth 
hereby  consent  that  the  said  Portland  Water  Company 
may  lay  down  its  mains  and  pipes  in  the  city  of  Port- 
land, subject  to  all  the  conditions  and  limitations  and 
liabilities  imposed  in  the  charter  of  said  company, 
which  are  as  follows,  viz  : 

The  said  company  are  authorized  to  lay  down  in 
and  through  the  streets  of  said  city  and  to  take  up 
and  repair  all  such  pipes,  aqueducts,  and  fixtures  as 
may  be  necessary  for  the'  objects  of  their  incorpora- 
ation,  the  consent  of  the  city  council  being  given 
thereto  under  the  followino:  restrictions  and  regula- 
tions,  and  subject  to  the  following  agreements  : 

Said  company  shall  be  liable  in  all  cases  to  repay 
to  the  city  all  sums  of  money  that  said  city  may  be 
obliged  to  pay  on  any  judgment  recovered  against 
said  city  for  damages  occasioned  by  aiiy  obstructions, 
•or  taking  up  or  displacement  of  any  street  by  said  com- 

8  See  ordinance  as  to  taking  water  from  reservoirs.    Ord.  1,  title  "Fire." 


WATER.  555 

pany,  whatever,  with  or  without  the  consent  of  the  city 
council,  together  with  counsel  fees  and  other  expenses 
incurred  by  said  city  in  defending  any  suit  to  recover 
damages  as  aforesaid,  with  the  interest  on  the  same, 
to  be  recovered  in  an  action  for  money  paid  to  the  use 
of  said  company  ;  and  whenever  the  company  shall  lay 
down  any  pipes  or  aqueducts  in  any  streets  or  make 
any  alteration  or  repair  in  their  works  in  any  street, 
they  shall  cause  the  same  to  be  done  with  as  little 
obstruction  to  the  public  travel  as  may  be  practica- 
ble, and  shall  at  their  own  expense,  without  unneces- 
sary delay,  cause  the  earth  and  pavement  removed 
by  them  to  be  replaced  in  proper  condition  ;  they  will 
not  in  any  case  obstruct  and  impair  the  use  of  any 
private  or  public  drain,  common  sewer  or  reservoir 
or  gas  i^ipe,  but  said  company  shall  have  the  right  to 
cross,  or  when  necessary,  to  change  the  direction  of 
any  private  drain  in  such  manner  as  not  to  obstruct 
or  impair  the  use  thereof;  being  liable  for  any  injury 
occasioned  by  any  such  crossing  or  alteration  to  the 
owner  thereof,  or  any  other  person  injured,  in  an 
on  action  the  case. 

The  said  company  on  its  part,  doth  hereby  cove- 
nant and  agree  with  said  city  as  follows : 

First,  Said  corporation  shall  furnish  at  all  times  to 
the  city  of  Portland,  without  charge  to  the  city,  for 
use  in  public  buildings  and  school  houses  of  the  city, 
and  for  extinguishment  of  fires  and  other  strictly 
municipal  purposes,  such  amount  and  volume  of  water 
as  may  be  needful  therefor;  the  necessary  service 
pipes  and  hydrants  for  distribution  thereof  for  the 
purposes  aforesaid  being  furnished,  laid,  and  con- 
nected with  the  pipes  of  this  compan}^  at  the  expense 
of  the  city,  and  will  also  supply,  upon  the  same  con- 
ditions, free  from  charge  to  the  city,  the  water  for 
three  public  fountains,  the  regulation  of  the  supply 
of  water  from  the  fountains  to  be  under  the  joint 


556       ■  WATER. 

control  of  the  water  commissioners  of  the  city,  and 
the  president  of  the  company. 

Second.  The  water  shall  be  introduced  into  the 
city  from  Sebago  Lake,  by  a  twenty-inch  hydraulic 
main,  so  as  to  supply  the  hydrants,  within  two  years 
from  January  1st,  A.  D.  1868. 

Third.  A  reservoir  or  reservoirs  shall  be  con- 
structed on  Bramhall's  or  Munjoy  Hills,  of  the  capacity 
of  16,000,000  gallons,  and  the  higher  elevations  on 
Bramhall  and  Munjoy  shall  be  supplied  by  a  stand- 
pipe  or  by  gravitation  directly  from  the  mains,  in  a 
manner  satisfactory  to  engineer  of  the  city.  The 
capacity  of  the  reservoir  shall  be  increased  from  time 
to  time  when  necessary  to  meet  the  requirements  of 
increased  consumption. 

Fourth.  For  city  distribution,  in  addition  to  the 
twenty-inch  mains,  there  shall  not  less  than  5,000 
feet  of  sixteen-inch  pipe,  5,000  feet  of  twelve-inch 
pipe,  5,000  feet  of  ten-inch  pipe,  10,000  feet  of  eight- 
inch  pipe,  40,000  feet  of  six-inch  pipe,  and  10,000 
feet  of  four-inch  pipe. 

Fifth.  In  the  event  of  reasonable  ground  of  com- 
plaint of  want  of  supply  to  more  sparsely  populated 
portions  of  the  city  the  city  council  shall  decide  upon 
the  feasibility  and  necessity,  and  the  company  shall 
lay  its  mains  wherever  the  city  council  shall  decide  it 
reasonable  to  require  it  under  all  the  circumstances  of 
the  case. 

Sixth.  The  rate  charged  to  the  water  takers  shall 
be  reasonable  as  compared  with  the  rates  in  other 
cities,  with  due  consideration  to  the  cost  and  income 
of  the  works ;  and  in  case  of  excessive  or  exorbitant 
rates,  shall  be  liable  to  correction  by  the  supreme 
judicial  couii;,  under  the  equity  powers  conferred  on 
the  court  by  the  act  of  February  14,  1868,  and  for 
manufactories  and  other  similar  large  consumers  the 
maximum  rates  shall  be  fixed  by  the  city  and  the 


WATER.  557 

company,  and  in  case  of  their  disagreement,  by  the 
three  commissioners  appointed  by  the  supreme  judi- 
cial court. 

The  works  shall  be  constructed  under  the  super- 
vision of  an  engineer  appointed  by  the  city,  who 
shall  confer  with  the  engineer  of  the  company  as  the 
work  progresses,  and  in  case  of  disagreement  a  third 
engineer  shall  be  selected,  whose  decision  shall  be 
final. 

In  witness  whereof,  the  said  Portland  Water  Com- 
pany hath  hereto,  by  its  president,  thereto  duly 
authorized,  affixed  the  name  and  seal  of  said  company, 
the  assent  of  said  city  being  given  in  the  ordinance 
in  which  this  agreement  is  incorporated. 
The  Portland  Water  Company,  >  Corporated  seal 
by  G.  F.  Shepley,  President.  3  of  the  Company . 
Approved  March  3, 1868.  Aug.  E.  Stevens,  Mayor. 

2.  The  following  regulations  and  restrictions  are 
prescribed   and   established    for   the    laying    down,  Keguiations  of 
taking  up,  replacing  and  repairing  all  pipes,  aque-   ^atercom- 
ducts  and  fixtures  by  the  Portland  Water  Company,    pany- 
in  and  through  the  streets  of  the  city,  pursuant  to 
the  provisions  of  section  nine  of  the  charter  of  said 
company,  approved  February  23,  1866. 

Said  company,  before  making  any  excavation 
obstruction,  or  displacement  in  any  street  of  the  city, 
for  the  purpose  of  laying  down,  taking  up,  replacing 
or  repairing  any  water  pipes,  aqueducts,  or  fixtures, 
shall  first  obtain  wiitten  permission  to  do  so  from  the 
commissioner  on  streets.  Applications  for  such  per- 
mits shall  be  made  in  writing,  and  shall  specify  the 
street  or  streets  in  which  the  work  is  intended  to  be 
done,  and  the  points  of  commencement  and  termina- 
tion of  the  same.    Said  permits  shall  not  ])e  valid  unless  Permits- 

11,,  ,  ,     ^,  .«  Ord.  April  19, 

countersigned  by  the  mayor  who  shall  specify   on  1874. 
which  side  of  the  street  the  pipe  is  to  be  laid.     When 


558 


WATER. 


work  is  completed,  said  company  shall  give  notice 
thereof  in  writing  to  the  street  commissioner,  who 
shall  proceed  immediately^  to  examine  the  manner  in 
which  said  work  has  been  done,  and  if  the  same  has 
been  done  to  his  satisfiiction,  he  shall  certify  the  fact 
to  the  company ;  otherwise  he  shall  notify  the  com- 
pany what  further  repairs  are  required,  and  said 
company  shall  thereupon  thoroughly  and  completely 
repair  the  same  to  the  satisfaction  of  said  commis- 
sioner on  streets. 

3.  No  street  or  sidewalk,  or  any  part  thereof,  shall 
When  streets     ^^  ^^^S  ^P  ^^  broken  into,  for  the  puipose  of  laying 

shaiibebrok-  service  pipe,  between  the  first  day  of  December  and 
iwdTa.*'"'  ^^®  fifteenth  day  of  April  of  each  year,  without  the 
permission  of  the  mayor  and  aldermen,  in  writing, 
under  a  penalty  of  twenty  dollars  and  a  further  pen- 
alty of  twenty  dollars  for  each  and  every  day  or  part  of 
a  day  that  the  work  is  in  progress .  Nor  shall  the  streets 
nor  any  part  thereof,  be  dug  up  or  broken  into  for  the 
laying  of  main  pipes,  between  the  first  day  of  Novem- 
ber and  the  first  day  of  May  in  each  year,  under  a 
penalty  of  twenty  dollars  for  each  ofiense,  and  a 
further  penalty  of  twenty  dollars  for  every  day  or 
part  of  a  day  that  the  work  shall  be  in  progress,  or 
the  street  remain  broken  as  aforesaid.  Nor  shall  any 
street  or  any  part  thereof  be  dug  up  or  broken  into 
before  the  water  pipes  are  prepared  and  placed  in  the 
vicinity  ready  to  be  laid  down. 

4.  Said  company  shall  be  liable  for  all  damages 
occasioned  by  the  digging  up  and  opening  any  street, 
or  obstructions  therein  by  said  company,  as  follows, 
viz  :  For  all  or  any  such  works  done  before  the  first 
day  of  November,  they  shall  be  liable  for  all  damages 
occasioned  thereby,  for  the  space  of  sixty  days  from, 
and  after  the  approval  certified  as  aforesaid  by  said 
commissioner,  and  for  all  or  any  such  w^orks  done 
after  said  first  day  of  November,  they  shall  be  liable 


Damages, 
Ibid.  §  3. 


WATER.  559 

until  the  fifteenth  day  of  the  June  next  following,  of 
each  year. 

5.  All  said  work  shall,   during  its  progi-ess,   be 
subject  to  the  control  of  said  street  commissioner ; 

and  said   company,    its    servants,    contractors,  and  control  of 

^       *^  .  .  .  ,  street  commis- 

agents  shall  strictly  observe  all  directions  given  by   gioner. 
him  for  the  protection  and  convenience  of  the  public.  ^^^S*- 
All  excavations  and  obstructions  made  in  any  street 
by  said  company,  shall  be  well  railed  in  and  lighted 
after  dark,  so  as  to  protect  all  persons  from  damage 
and  accident  thereby. 

6.  Whenever  any  street,  or  any  part  thereof,  is 

taken  up  for  purposes  aforesaid,  said  company  shall  when  work  to 

perform  the   work   proposed   to   be   done,  with  all  ibid.  §5. 

convenient  despatch,  and  as  soon  as  the  same  is  done 

they  shall  repair  such  street  and  put  the  same  in  as 

good  condition  as  it  was  in  before  such  taking  up,  and 

shall  cause  all  surplus  earth,  stones,  materials,  and 

rul)bish  to  be  immediately  removed  from  the  street ; 

and  whenever  such  street,  or  any  part  thereof,  or  any 

pavement  thereon,  shall  thereafter  settle  or  become 

out  of  repair  by  reason  of  the  works  aforesaid,  the 

said  company  shall  thoroughly  and  completely  repair 

the  same,  to  the  satisfaction  of  said  commissioner  of 

streets.     In  case  said  company  refuse  or  neglect  to 

repair  the  same,  after  one  day's  notice  therefor  by 

said   commissioner,    he  shall  proceed  to  repair  the 

same  at  the  expense  of  said  company. 

7.  Any  obstruction,  taking  up,  or  displacement  of 

,•  n         .         .  J  jji  tj«  Obstructions 

any  portion  01  a  street  contrary  to  these  regulations,    deemed  nui- 
>hall  be  considered,  and  is .  hereby  declared  to  be  a    nances. 
nuisance..  xu  ^  so 

8.  Whenever  any  of  said   pipes,  in  laying  them 

do^vn,  shall  come  in  contract  or  interfere  with  any  when  pipes  re- 
i)ublic  drain  or  sewer,  said  pipes  shall  be  laid  under   ^^^^  ^'  ®^* 

*  .  .  pense  of  com- 

or  over  such  drain  or  sewer,  unless  in  the  opinion  of  pany. 
the   committee   on   drains   and   sewers,  it  shall   be  "'^^S"- 


560  WATER. 

necessary  to  change  the  direction  of  such  drain  or 
sewer,  in  which  case  the  same  shall  be  done  by  said 
company  at  their  .expense,  under  the  direction  and 
to  the  satisfaction  of  said  committee. 

9.  Any  person,  who  within  the  limits  of  the  city 
^juHngproVer-  ^^  Portland,  shall  wilfully  or  maliciously  destroy  or 
tyof  the  com-  injure  any  dam,  reservoir,  aqueduct,  pipe,  hydrant, 
ord!^oct.i3,     or  other   property   held,   owned,    or   used  by   said 
1870.  company  for  the  purpose  of  which  said  company  was 

chartered,  or  shall  throw  or  deposit,  or  cause  to  be 
thrown  or  deposited,  in  any  reservoir,  fountain,  or 
pipe,  held,  owned,  used  by,  or  connected  with  the 
works  of  said  company,  or  used  in  supplying  the  city 
or  the  citizens  of  Portland  with  water,  any  animal, 
vegetable,  or  mineral  substance,  or  shall  otherwise 
corrupt  the  water  therein,  or  render  the  same  impure, 
shall,  upon  conviction  of  either  of  said  acts,  be"  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  for 
each  offence. 


Watering  Trouglis, 


Statutes. 
1.    Watering  troughs,  abatement  for. 

1.  A  town,  at  its  annual  meeting,  may  authorize  its 
assessors  to  abate  three  dollars  from  the  tax  of  any  inhab-  "^a*®^"^^ 

•^  .        troughs, 

itant,  who  shall  construct,  and  during  the  year  keep  in  abatement  for. 
repair  a  watering  trough  beside  the  highway,  well  supplied  ^-  s.,i87i,q.i8, 
with  water,  the  surface  of  which  shall  be  two  and  a  half 
feet  or  more  above  the  level  of  the  ground,  and  easily 
accessible  for  horses  and  carriages,  if  the  assessors  think 
such  watering  trough  for  the  public  convenience.  If 
more  than  one  person  in  a  surveyor's  district  claim  to 
furnish  it,  the  municipal  oflScers  are  to  decide  where  it 
shall  be  located. ^ 

1  Eastport  v.  Hawkes,  15  Maine,  155. 


Weighers  and  Gangers.' 


Ordinances. 

1.  One  or  more  weighers  and  gangers  to  be  appointed.     To 

be  sworn. 

2.  Duties. 

3.  Fees. 

4.  To  pay  for  use  of  city  scales. 

5.  Persons  not  autliorized,  acting.     Penalty. 

1.  There  sfiall   annually  be   elected  by  the  city 

One  or  more  .  i         r.  t»*-        i 

weighers  and  council,  m  the  month  of  March,  one  or  more  city 
gangers  to  be  ^ejo^hers   and  ffauo'ers,  who  shall  be  sworn  to  the 

appointed.  o  &      &        '  ^  •        /T»  1 

To  be  sworn,     faithful  performance  of  the  duties  of  said  office,  and 
'  who  shall  continue  in  office  until  removed,  or  until  a 
successor  is  elected  and  qualified. 

2.  It  shall  be  the  duty  of  said  weighers  and  gangers 
Duties.            when  thereto  requested  by  the  owner,  to  weigh  or 

gauge,  as  the  case  may  be,  the  contents  or  capacity 
of  any  pipe,  hogshead,  tierce,  barrel,  cask,  box  and 
other  vessel  or  article,  and  mark  the  contents  and 
tare,  and  outs,  as  the  case  may  be,  and  the  initials  of 
his  name  and  office  on  each  such  vessel  or  article  he 
shall  so  weigh  or  gauge. 

3.  Said  weigher  and  ganger  shall  be  entitled  to 
charge  and  receive  in  full  for  his  services  aforesaid, 
the  following  fees  for  weighing,  viz  :  seventeen  cents 
for  each  pipe  or  hogshead,  twelve  cents  for  each  tierce 
or  box,  eight  cents  for  each  barrel,  twenty  cents  per 
ton  for  other  articles,  and  the  following  fees  for 
gauging,  viz:  ten  cents  for  each  pipe  or  hogshead, 
eight  cents  for  each  tierce,  four  cents  for  each  barrel 
or  cask,  and  three  cents  for  ascertaining  and  marking 

1  See  titles  "Hay,"  and  "Weights  and  Measures." 


Ibid 


Ujid. 


WEIGHERS  AND  GAUGERS.  563 

% 
the  outs  of  each  cask,  when  the  same  is  not  gauged 
at  the  same  time. 

4.  Weighers   and  gangers  shall  pay  to  the  citj 
treasurer,  to  the  use  of  the  city,  as  compensation  for  w^^g^^^rs  and 

•^  ^  gaugers  shall 

the  use  of  the  city  scales,  one  and  a  half  cents  for  each   pay  for  use  of 
pipe  or  hogshead ;  one  cent  for  each  tierce  or  box ;  orJ,^^y^2i, 
o  ne-half  cent  for  each  barrel ;  and  two  cents  per  ton   i^ss,  and  Rev. 
for  all  other  articles  weighed  with  said  scales. 

5.  Any  person,  not  duly  authorized  as  city  weigher  persons  not  au- 
and  orauorer  who  shall  exercise  that  office  by  weiofhino:   t^ori^ed,  act- 

f=>      o      f  -^  »        o     ing.    Penalty. 

or  gauging  any  cargo  or  parts  of  cargo  of  any  foreign  ord.,  Aug.  7, 
merchandize,  requiring  a  city  weigher  or  ganger,  or   q^'  ^°^^^' 
shall  exercise  or  perform  the  duties  of  weigher  or 
ganger  in  any  manner  for  fees  or  hire,  shall  for  every 
such  violation  of  this  ordinance,  forfeit  and  pay   a 
sum  not  exceeding  thirty  dollars  to  the  use  of  the  city. 


Weights  and  Measures, 


Statutes. 

1.  Town  seal  and  standard  of  beams,  weights  and  measures 

to  be  kept  by  treasurers.  Same  to  be  sealed  once  in  ten 
years ;  penalty  for  neglect,  and  how  recovered  and  ap- 
propriated. 

2.  Appointment  of  sealers  by  municipal  officers  of  towns ; 

penalty  for  neglect,  and  how  recovered  and  appropri- 
.  •  ated. 

3.  Penalty  for  sealer  not  accepting  office  and  taking  oath. 

Sealer  to  have  custody  of  standards  and  seals,  and  be 
accountable  for  their  preservation  and  re-delivery. 

4.  Duty  of  town  sealer;  penalty  for  neglecting  the  same,  and 

how  appropriated. 

5.  Dearborn  or  Hills'  steelyard,  or  the  Fairbanks'  scale  may 

be  used,  provided  they  are  sealed. 

6.  All  measures,  for  articles  sold  by  heaped  measure,  shall 

be  conformable  to  public  standard.     Penalty  for  selling 
•  by  beams,  weights  or  measures  not  sealed,  and  how 

appropriated. 

7.  Twenty-five  pounds  shall  be  a  quarter;  four  quarters,  one 

hundred ;  twenty  hundreds  one  ton ;  and  articles,  sold 
by  tale,  shall  be  by  decimal  hundreds. 

8.  Fees  of  weighers. 

1.  The  treasurers  of  towns,   at  the  expense  thereof, 

Town  seal  and  shall  constantly  keep  a  town  seal,  and,  as  town  standards, 

beams^  ^       ^  Complete  set  of  beams,  weights,  and  copper  and  pewter 

weights  and     measul'es,   conformable   to   the  State  standards,  except 

keptTy 'tr*^a^8^  that  the  bushel  measure,  and  the  half  bushel,  peck  and  half 

urers,  &c.       peck  measures  may  be  of  wood  instead  of  copper  or  pewter, 

R.  s„  1871,  c.  43,  but  of  the  same  dimensions,  and  except  also  a  nest  of  troy 

weights  other  than  those  from  the  lowest  denomination  to 

eight  ounces ;  they  shall  cause  all  beams,  weights  and 

measures,  belonging  to  their  towns,  to  be  proved  and 

sealed  by  the  State  or  county  standards  once  in  ten  years. 


WEIGHTS  AND  MEASURES.  565 

computing  from  July  fi«t,  eighteen  hundred  and  forty ; 
and  for  every  neglect  of  duty  as  aforesaid  they  shall 
forfeit  one  hundred  dbllara,  half  to  the  use  of  the  town, 
and  half  to  the  use  of  the  person  suing  therefor. 

2.  The  municipal  oflScers  of  each  town  shall  annually 
appoint  a  sealer  of  weights  and  measures  therein,  remov-  Appointment 
able  at  pleasure  and  have  power  to  fill  any  vacancy  that   °^  sealers,  &c. 
occurs;  and  for  each  month's  neglect  of  this  duty,  they  ibid. §5. 
shall  severally  forfeit  ten  dollars,  to  be  appropriated  as  in 

the  preceding  section.  Any  city  may  purchase  and  keep 
for  use  scales  for  weighing  hay  and  other  articles,  appoint 
weighers  and  fix  their  fees,  to  be  paid  by  the  purchaser. 

3.  If  any  person,  so  appointed  and  notified  thereof, 
refuses  for  seven  days  to  accept  the  office  and  be  sworn,  pgj,^jj^  j^j. 
he  shall  forfeit  five  dollars;    but  when  sworn,  he  shall    sealer  not  ac- 
receive  the  standards  and  seal  from  the  treasurer,  giving    ^Pttn?  o^ce, 
a  receipt  therefor,  describing  them  and  their  condition, 

and  therein  engaging  to  re-deliver  them  at  the  expiration 

of  his  office  in  like  good  order ;  and  he  shall  be  account-  ^ 

able  for  their  due  preservation  while  in  his  possession. 

4.  Every  such  sealer  shall  annually,  in  the  month  of  _ 

•^  *^ '  Duty  of  town 

May,  post  notices  in  different  parts  of  his  town  stating  the    sealer;  penal- 
times  and  places*  at  which  he  will  attend  to  the  proof  and   tyfor  negiecr 
sealing  of  weights  and  measures  ;  shall  deface  or  destroy    ated. 
all  weights  and  measures  that  are  not  or  cannot  by  him  „  .^  , 

-  ,  -'  Ibid.  §  7. 

be  made  conformable  to  the  standard ;  shall  visit  the 
houses  of  innholders,  the  warehouses  and  stores  of  mer- 
chants, and  the  dwelling  houses  of  such  other  inhabitants, 
as  neglect  to  send  to  him  their  weights  and  measures,  and 
there  prove  and  seal  the  same  ;  and  every  sealer  neglect- 
ing any  duty  herein  required  of  him,  and  every  person 
neglecting  or  refusing  to  have  his  weights  and  measures 
proved  and  sealed  as  aforesaid,  shall  forfeit  ten  dollars, 
to  be  appropriated  as  in  section  one  of  this  chapter. 

5.  In  all  cases  of   weighing,  the  vibratinoj  steelyard 

What  scales 
invented  by  Benjamin  Dearborn,  or  the  vibrating  steel-    may  be  used, 

yard  invented  by  Benjamin  Dearborn  and  improved  by    *<^' 

Samuel  Hills,  or  the  Fairbank's  scale,  may  be  used  ;  but  iwd.  §  s. 

before  being  offered  for  sale,  or  used,  each  beam  and  the 

poises  thereof  shall  be  sealed  by  a  public  sealer  of  weights 

and  measures,  appointed  according  to  law. 


Ibid.  §  10. 


566  WEIGHTS  AND  MEASURES. 

Measures, for  6.  All  measures,  by  which  •I'uit  and  other  things, 
byheapecf^  usually  sold  by  heaped  measures,  are  sold,  shall  be  con- 
measure,  shall  formable  in  capacity  and  breadth,'  to  the  public  stand- 
^bi^T^*^r"d  ^^^ '  ^^^  ^^  ^^y  person  otherwise  sells  and  exposes 
ard.  to   sale   any  such   fruit   or   other  thing,   any   goods   or 

Ibid.  §  9.  commodities  whatever  by  any  other  beams,  weights,  or 

measures  than  those  proved  and  sealed  as  aforesaid,  he 
shall  forfeit  for  each  offence  not  less  than  one  dollar 
nor  more  than  ten  dollars ;  one-half  to  the  use  of  the 
town,  and  the  other  to  the  sealer,  or  to  him  who  prosecutes 
therefor. 
Twenty -five  7.  Such   articles   as   are   sold   or   exchanged    in    any 

pounds  shall  market  or  town  in  this  State  by  gross  or  avoirdupois 
^e^aquar  er,  ^gjgj^^^  shall  be  sold  or  exchanged  as  follows  :  twenty-five 
avoirdupois  pounds  constitute  one  quarter  ;  four  quarters, 
one  hundred ;  and  twenty  hundreds,  one  ton ;  and  all 
other  articles,  usually  sold  by  tale,  shall  be  sold  by  deci- 
mal hundred. 

8.  The  fees  of  sealers  of  weio-hts  and  measures  for 
of  weights  and  trying  and  proving  beams,  weights  and  measures  by  the 
measures.        town  standard,  shall   be  as  follows,  to  be  paid  by  the 
person  for  whom  the  service  is  rendered :  for  a  platform 
or  hay  scale  weighing  six  thousand  pounds  or  more,  one 
dollar ;  for  one  weighing  one  thousand  pounds  and  under 
n^fTs^iT  ^^^^   ^^"^  thousand,  fifty  cents  ;  for  a  platform  scale  weighing 
six  hundred  pounds  and  under  one  thousand,  twenty-five 
cents  ;  for  one  weighing  less  than  six  hundred,  ten  cents  ; 
for  any  other  scale  or  steelyard  that  w^eighs  with  a  poise, 
five  cents  ;  for  each  dry  measure  and  for  all  other  weights, 
measures,  scales  or  beams,  three  cents  each  ;  and  a  reason- 
able compensation  for  all  repairs,  alterations  and  adjust- 
ments necessary  to  make  the  same  conformable  to  the 
town  standard. 


Weigher  of  Hard  Coal. 


Statutes. 

1.  Coal  to  be  sold  by  weight,  &c. 

2.  Weighers  to  be  appointed  and  sworn. 

3.  Coal  to  be  weighed  by  sworn  weighers  before  sale,  when 

not  sold  by  cargo.     Parties  may  agree  upon  weight. 

Ordinances. 

1.  Weigher  of  hard  coal  to  be  chosen. 

2.  Duties. 

3.  To  examine  and  prove  scales  used  by  hfm. 

4.  To  give  public  notice  of  scales  not  sealed. 

5.  Not  to  use  scales  unless  sealed.     Penalty. 

6.  Penalty  for  dealer  in  coal,  refusing  weigher  to  prove  his 

scales. 

7.  Compensation. 

Statutes. 

1.  Anthracite,  bituminous,  or  other  mineral  coal,  shall  coaitobesoid 
be  sold  by  weight;  and  two  thousand  pounds  thereof,    ^y weight, &c. 

,     „  ,  ,  R.  S.,  1871,  c.  41, 

shall  be  a  ton.  gii 

2.  The  municipal  officers  of  towns  shall  annually  ap- 
point weighers  of  such  coal,  who  shall  be  sworn,  and  Weighers  of 
receive  such  fees  as  said  officers  may  establish  to  be  paid    ^^^^  ^^}^^  ^]^' 

•^  '■  pointed  and 

by  the  buyer.  sworn. 

3.  Unless  the  coal  is  sold  by  the  carofo,  the  seller  shall,  ^^'V  ^  ^r 

•^  *=^   '  '   Coal  to  be 

on  request  or  the  purchaser,  cause  the  same  to  weighed    weighed  by 

by  a  sworn  weigher,  who  shall  make  a  certificate  of  the    ^^'^^° 

Aveififher  be- 
weight  thereof ;  and  the  seller  shall  not  maintain  a  suit  fo^  sale, 

for  the  price  of  such  coal  unless  he  had  delivered  such    when  not  sold 

certificate  to  the  buyer  before  its  commencement.  ibi^?§^3?and 

Act,  1879,  c.  142. 

Ordinances. 
1.  There  shall   be  chosen,  annually,  by  the  city  rrr  •  u  .  ^ 
council  in  convention,  a  suitable  person  as  weigher  of   coai  to  be 
hard  coal,  who  shall  be  sworn  to  the  faithful  diseharore 


chosen. 
Rev.  Ord.,  1868. 


35 


568  WEIGHER  OF  HARD  COAL. 

of  the  duties  of  said  office,  and  who  shall  be  remova- 
ble by  vote  of  the  city  council ;  and  in  case  of  a 
vacancy  in  said  office,  the  city  council  shall  choose  a 
suitable  person  to  fill  the  same. 

2.  It  shall  be  the  duty  of  the  weig*her  of  hard  coal, 
when  thereto  requested,  carefull}^  to  weigh  or  superin- 
tend the  weiorhino^  of  hard  coal,  sold  in  the  city,  and 

Ibid.  .  .  . 

deliver  to  the  driver  or  person  taking  away  such  coal, 
for  each  load  he  may  weigh  or  superintend,  as  afore- 
said, a  ticket  by  him  signed,  certifying  the  quantity 
such  load  contains,  and  the  names  of  seller  and 
purchaser ;  and  he  shall  keep  an  office  in  some 
convenient  place  in  the  vicinity  of  the  principal  coal 
yards  in  the  city,  where  he  can  be  found,  for  the 
performance  oT  the  duties  of  his  office. 

3.  The  Aveigher  of  hard  coal  shall,  from  time  to 
time,  as  often  as  once  a  month  carefully  examine,  try 

'^p'^rovrSeT'^  and  prove  all  scales  used  by  him  or  under  his  super- 
used  by  mm.     intendence  for  weighing  hard  coal ;    and  if  upon  any 

Ibid.  examination  and  trial,  it    shall  be   found  that  such 

scales  are  not  conformable  to  the  legal  standard,  he 
shall  give  immediate  notice  thereof,  in  writing,  to  the 
owner  or  keeper  of  said  scales,  therein  requesting  him 
to  have  the  same  regulated  and  sealed  forthwith. 

4.  In  case  said  owner  or  keeper  shall  refuse  or 
Te  give  public  neglect  to  have  the  same  tried,  proved,  and  sealed  by 

notice  of         the  public  sealer  of  weio:hts  and  measures,  for  the 

scales  not  ^  i  •  'j.      i     n 

sealed.  space  of  tweuty-four  hours  after  such  notice,  it  shall 

be  the  duty  of  said  w^eigher  forthwith  to  give  public 
notice  thereof,  in  two  of  the  city  daily  papers,  pub- 
lished in  this  city. 

5.  Said  weigher  is  hereby  forbidden  from  using 
Not  to  use        gjjj^i  scales,  or  cert  if  vino:  the  wei^^ht  of  coal,  weiahed 

scales  unless  ?  ./      o  o  •  & 

sealed.  therewith,    until   the   same  shall   have   been   tried, 

proved  and  sealed  as  aforesaid ;  and  for  any  neglect 
of  duty  aforesaid,  or  violations  of  the  provisions  of 
this  ordinance,  said  weigher  shall  forfeit  and  pay  not 


WEIGHER  OF  HARD  COAL.  569 

less  than  two  dollars  for  each  load  of  coal  he  shall 
weigh  therewith,  until  the  same  shall  be  sealed  as  Penalty, 
aforesaid,   one-half  of  said   penalty  to  enure  to  the 
prosecutor,  and  the  other  half  to  the  city. 

6.  If  any  dealer  in  hard  coal  in  this  city,  after 

being  requested  by  any  person  purchasing  coal   of  ^deTiS'hl'coai, 
him,  shall  refuse  permission  to  said  weigher  to  weigh   refusing 
said  coal  upon  his  scales,  he  shall  forfeit  and  pay  five   profe  ws^ 
dollars  for  each  time  he  refuses  such  permission  to 
said  weigher,  one-half  thereof  to  the  city  and  the 
other  half  to  the  complainant. 

7 .  Said  weigher  of  hard  coal  shall  receive  such  fees 

for  his  services  as  shall  be  from  time  to  time  estab-  compensauon. 
lished  by  the  mayor  and  aldermen,  to  be  paid  by  the 
person  requesting  his  services. 


scales, 
njid. 


Weigher  of  Plaster. 


Ordinances. 

1.  "Weigher  of  plaster  to  be  elected. 

2.  His  compensation. 

3.  City  to  provide  scales. 

4.  Bonds  to  be  given. 

1.  There   shall   annually  be  elected,  by  the  city 
Weigher  of       council,  a  Suitable  person  as  weigher  of  plaster,  who 

plaster  to  be  ^  .  ,  ®  . 

elected.  shall  be  swom  to  the  faithful  discharge  of  the  duties 

Rev.Ord.l868.^f  y^^^^^^ 

2.  The  weigher  of  plaster  shall  receive  for  and  in 
full  compensation  for  weighing  plaster,  seven  cents 
per  ton,  to  be  paid  by  the  purchaser  for  whom  the 
services  are  performed. 

3.  Scales  suitable  for  weighing  plaster  shall  be  pro- 
( City  to  provide  vidcd  by  the  city,  for  the  use  of  which,  the  weigher 

sea  es.  ^£  plaster  shall   pay  the  city  treasurer  one-seventh 

^^^'  part  of  all  monies  received  by  him  for  weighing. 

4.  The  weigher  of  plaster  shall  give  a  bond  in  the 
Bonds  to  be      sum  of  ouG  hundred  dollars,  to  be  approved  by  the 

given.  mayor  and  aldermen,  for  the  faithful  performance  of 

njid.  his  duty,  and  for  the  payment  of  such  sums  as  shall 

be  due  to  the  city  for  the  use  of  the  scales. 


Wells  and  Pumps. 


Ordinances. 

1.  Penalty  for  injury  to  pumps. 

2.  Penalty  for  taking  water  from  pump  or  well,  or  wasting 

the  same. 

1.  If  any  person  shall  wilfully  or  carelessly  break,  Penalty  for  in- 

.    .  ,%  .  „  .,  ,11        jurytopumps. 

miure  or  deftice  any  pump  m  a  well,  partly  or  wholly 

J        X  ^1,  i-  ^r        -^        1.    ^    n    ^     ^  -^  A  ^^-  Ord.  1868. 

made  at  the  expense  oi  the  city,  he  shall  lorteit  and 
pay  a  sum  not  less  than  one  nor  more  than  ten  dol- 
lars for  each  offence,  and  shall  be  further  liable  to  the 
action  of  the  city  for  all  damages  done  by  him  to  such 
pump. 

2.  No  person  shall  at  any  time  take  more  water 

from  any  of  the  wells  aforesaid  than  he  may  want  for  Penalty  for 

^  •'  *^  taking  water 

immediate  use,  nor  shall  take  water  from  such  well,    from  pump  or 
unless  it  be  into  some  cask  or  other  vessel,  nor  shall   ^^  tiie^sa^e! 
in  any  manner  waste  the  water  of  such  well,  under  a 
penalty  of  not  less  than  one  nor  more  than  ten  dollars 
for  each  offence. 


"Wharves/ 


Statutes. 

1.  Wharves,  extension  of  prohibited  below  low  water  mark, 

without  consent.     Not  to  be  extended  beyond  harbor 
commissioners'  line. 

2.  Notice  for  construction  of  wharves  required. 

3.  Atlantic  and  St.  Lawrence  wharves  beyond  commissioners 

line. 

Order. 

1.  Wharf  line  established. 

Statutes, 
whan^es  not  to      1.  No  existing  wharf  in  Portland  shall  be  extended 

extend  below   •     ^j^    harbor  a  greater  distance  below  low  water  mark 

low  water  ^ 

mark,  without  than  the  same  now  exists,  and  hereafter  no  such  new 

consent.  ^harf  shall  be  extended  below  low  water  mark  into  the 

City  charter, 
§22.  harbor  without,  in  either  case,  the  written  assent  of  the 

Not  to  be  ex-      jQ^yQ^.  ^nd  aldermen.      No  wharf  or  incumbrance  shall 
tended  beyond         "^ 
harbor  com-    hereafter  be  erected  or  extended  into  said  harbor  beyond 

missioners'      the  harbor  commissioners'  line.^ 

2.  When  the  construction  or  extension  of  a  wharf  in 
Notice  for  con-  ^^^^^  waters  in  any  city  is  desired  by  the  permission  of 

structionof      the  city  authorities,  they  shall  require  the  applicant  to 
qSred!^^^      give  fourteen  days  notice  thereof  by  publication  in  two 
R.s.,i87i,c.i7,  newspapers,  before  acting  upon  it. 

!T' ^      .c        3.  The  Atlantic  and  St.  Lawrence  Railroad  Company 
Atlantic  and  St  ^    .  "^ 

Lawrence  and  its  lessees,  are  hereby  authorized  to  build  and  main- 
wharves  to  be  tain  in  the  waters  of  Portland  harbor,  and  in  front  of 
yond  commis-  ^ny  lands  now  owned  or  leased  by  said  parties  or  which 
sioners'iine.  may  be  hereafter  purchased  or  leased,  a  wharf  or  wharves 
Fei).  4. '  extending  into  said  waters  to  a  distance  not  exceeding 

1  Act  of  1876,  §  78,  provides  in  general  for  proceedings  in  regard  to  wharf 
lines,  but  is  made  not  to  apply  to  Portland  Harbor  by  private  laws,  1876,  c* 
78.    See  title  "Harbor  of  Portland."    See  also  Act,  1853,  c.  167,  §  1. 

2  The  legislature  has  power  to  establish  lines  in  a  harbor  and  to  declare 
any  wharf  a  nuisance  which  extends  beyond  such  line.  Commonwealth  v. 
Alger,  7  Cushing,  53. 


WHARVES.  573 

two  hundred  feet  beyond  the  harbor  line  eastward  of 
Gait's  wharf,  provided  that  the  consent  of  the  harbor 
commissioners  of  Portland  or  the  city  council  of  Portland 
shall  first  be  obtained. 

Order. 

In  Boa^d  of  Aldermen, 
October  11,  1854. 
1.    Ordered^  That  the  following  described  line  be, 
and  the  same  hereby  is  fixed  and  established  as  the  ^^a^f  une  es- 

•^  .  tabUshed. 

wharf  line  or  limit  of  construction  on  the  north  side 
of  Portland  harbor,  beyond  which  no  wharf  shall 
hereafter  be  constructed  or  extended  in  said  harbor, 
within  the  limits  bounded  by  said  line,  to  wit  i^ 

Commencing  at  the  eastern  corner  of  the  Gas  Com- 
pany's wharf,  next  above  Portland  bridge,  in  a  straight 
line  to  the  southern  corner  of  the  end  of  Robinson's 
w^harf,  and  along  the  end  of  it  to  the  eastern  corner, 
thence  in  a  straio^ht  line  to  the  southern  corner  of  the  This  is  changed 

C5  as  noted  be- 

end  of  Central  wharf,  and  along  the  end  of  it  to  the  low. 
eastern  corner ;  thence  in  a  straight  line  to  the  south- 
ern corner  of  the  end  of  Custom  House  wharf,  and 
along  the  end  of  it  to  the  eastern  corner ;  thence  in  a 
straight  line  to  the  southern  corner  of  the  end  of 
Railway  wharf,  and  along  the  end  of  it  to  the  eastern 
corner;  thence  in  a  straight  line  to  the  southerly 
comer  of  the  end  of  St.  Lawrence  wharf,  and  along 
the  end  of  it  to  the  eastern  corner ;  thence  parallel  to 
the  straight  portion  of  the  outside  railroad  track,  to 
the  shoals  to  the  southward  of  Fish  point,  as  defined 
in  a  copy  of  a  plan  of  Portland  harbor,  made  by  the 

United  States  coast  survey,  in  1853. 

• 

3  See  important  change  made  in  Harbor  Commissioners'   line,  act  1881, 
February  H. 
This  act  Is  printed  under  title  "  Harbor  of  Portland,"  in  note  to  section  one' 


Wood,  Bark  and  Oliarcoal. 


Statutes. 

WOOD. 

1.  Dimensions  of  a  cord  of  wood. 

2.  Penalty  for  selling  without  survey. 

3.  How  wood,  brought  by  water,  shall  be  measured. 

4.  Ticket  required. 

5.  Penalty  for  fraudulent  stowage. 

CHARCOAL. 

6.  How  charcoal  may  be  measured  and  sold. 

7.  Coal  baskets  to  be  sealed ;  dimensions. 

8.  Penalty. 

9.  Seizure  of  unlawful  baskets. 
10.  Penalty  for  refusing  to  give  certificate. 

Ordinances. 

1.  Measurers  of  firewood  and  bark  to  be  chosen.  To  be 
sworn.    Vacancies  to  be  filled. 

2.  Measurement  to  be  in  two  branches.  Of  wood  and  bark 
brought  into  the  city  by  carts,  &c.  Of  same  by  water 
or  railroad.     City  divided  into  two  districts. 

3.  Duties  of  measurers.  To  give  tickets  certifying  measure, 
&c.  To  keep  record  of  tickets  issued.  To  make  annual 
report  to  city  council. 

4.  Teams  with  wood  or  bark  not  to  stand  in  streets  longer 
than  ten  minutes.  Cattle  not  to  be  fastened  to  post,  &c. 
Team  not  to  be  fed  in  streets.  Wood  not  to  be  unloaded 
or  piled  in  market,  if  any. 

5.  Penalties. 

6.  Mayor  and  aldermen  to  appoint  person  to  seize  charcoal 
baskets. 

Statutes. 

WOOD    AND    BARK. 

Dimensions  Of       ^'  Towns  may,  by  ordinance,  regulate  the  measure  and 

acordof  wood,  sale  of  wood,  coal  and  bark  therein,  and  the  location  of 

'  "    ' '^'    'teams  hauling  the  same;  and  enforce  it  by  reasonable 

penalties.  1     All  cord  wood  exposed  to  sale  shall  be  four 

1  Contract  for  sale  of  wood  less  than  four  feet  long  is  not  void ;  where 
there  is  no  surveyor,  parties  may  appoint  one.  Coombs  v.  Emery,  14  Maine* 
404.     As  to  hard  and  soj^  wood,  see  Darling  v.  Dodge,  36  MainCj  370. 


« 


WOOD,  BARK,  CHARCOAL.  575 

feet  long  including  half  the  scarf ;  and  well  and  closely 
laid  together  ;  a  cord  of  wood  or  bark  shall  measure  eight 
feet  in  length',  four  feet  in  width,  and  four  feet  in  height, 
or  otherwise  contain  one  hundred  and  twenty-eight  cubic 
feet ;  and  the  measurer  shall  make  due  allowance  for 
refuse  or  defective  wood,  and  bad  stowage. 

2.  If  any  firewood  or  bark,  brought  into  any  town  by  Penalty  for 

land  is  sold  and  delivered,  unless  otherwise'  agreed  to  by    selling  wood 

'  °  .  or.  bark  before 

the  purchaser,  before  it  is  measured  by  a  sworn  measurer,    gnrvey. 

and  a  ticket  signed  by  him  and  given  to  the  driver,  stat- 
ing the  quantity  the  load  contains,  the  name  of  the 
driver,  and  the  town  in  which  he  resides,  such  wood  or 
bark  shall  be  forfeited,  and  may  be  libeled  and  disposed 
of  according  to  law. 

3.  All  cord  wood,  brought  by  water  into  any  town  for   t,roughtby 
sale,  shall  be  corded  on  the  wharf  or  land,  on  which  it  is    water,  shall  be 
1       ,    ,     .  ,  .  •      1     •    v^      I,    i.   •  J.-  measured,  &c. 
landed,  in  ranges,  making  up  in  height  what  is  wanting 

in  length  ;  then  it  shall  be  so  measured  and  a  ticket  given  ^^^'  §  3- 
to  the  purchaser,  who  shall  pay  the  stated  fees  ;  and  no 
such  wood  shall  be  carried  away  by  any  wharfinger  or 
carter,  before  it  has  been  so  measured,  under  a  penalty 
of  one  dollar  for  every  load. 

4.  Every  person,  carrying  any  firewood  from  a  wharf 

vf      D        ./  Ticket  stating 

or  landing  for  sale,  shall  be  furnished  by  the  owner  or    quantity  and 
seller  of  it  with  a  ticket  stating  the  quantity  and  name  of   name  of  driv- 
the  driver  ;  and  if  such  firewood  is  carried  away  without   ^^ '^^        ' 
such  ticket,  or  any  driver  refuses  to  exhibit  such  ticket 
to  any  sworn  measurer  on  demand,  or  does  not  consent 
to  have  the  same  measured,  if  in  the  opinion  of  the  meas- 
urer the  ticket  certifies  a  greater  quantity  of  wood  than 
the  load  contains,  such  wood  shall  be  forfeited,  and  may 
be  seized,  and  libeled  by  said  measurer  according  to  law. 

5.  When  any  wood,  bark,  or  charcoal,  is  sold  by  the  p^^aity  for 
cord,  foot,  or  load,  which  is  stowed  in  such  a  manner  as    fraudiUent 
to  prevent  the  surveyors  from  examining  the  middle  of    s^°^^°®- 
the  load,  and  it  appears  on  delivery,  that  it  was  stowed  n>id-§5. 
with  a  fraudulent  intent  of  obtaining  payment  for  a  greater 
quantity  than  there  was  in  fact,  the  seller  or  owner  thereof 

shall  pay  ten  dollars  for  the  use  of  the  county,  with 
costs  of  prosecution. 


576  WOOD,  BARK,  CHARCOAL. 

CHARCOAL. 

6.  Any  charcoal  brought  into  town  for  sale,  may  be 

How  charcoal   measured  and  sold  by  the  cord  or  foot,  eStunating  the 

mS andsoid!  ^^^^  ^^  ninety-si:^  bushels,  when  the  purchaser  and  seller 

may  agree  to  the  same  ;  and  the  measurers  before  named 

shall  be  measurers  of  charcoal  also. 

Coal  bas]j;ets  to       '^'  ^^^  baskets  for  measuring  charcoal  brought  into  a 

be  sealed;  di-  towu  for  sale,  shall  be  sealed  by  the  sealer  of  the  town 

Ibid.  §7.  where  the  person  using  them  usually  resides,  and  shall 

contain  two  bushels  and  be  of  the  following  dimensions, 

viz.  ;  nineteen  inches  in  breadth  in   every  part  thereof, 

and  seventeen  inches  and  a  half  deep,  measuring  from 

the  top  of  the  basket  to  the  highest  part  of  the  bottom  ; 

and  in  measuring  charcoal  for  sale  the  basket  shall  be 

well  heaped. 

8.  Whoever  measures  charcoal  for  sale,  in  any  basket 
Penalty,  of  Icss  dimensions,  or  not  sealed,  shall  forfeit,  for  each 

Ibid  ^8  offence,  five  dollars. 

,  9.  The  municipal  officers  of  towns  may  appoint  some 

lawful  bas-       suitable  person  to  seize  and  secure  all  the  baskets  used 
kets.  foj.  measuring  coal,  not  according  t©  the  provisions  hereof. 

10.  If  any  measurer  of  wood,  bark,  or  charcoal,  neglects 
fusLgtogi^e    ^^  refuses  to  give  to  the  owner  or  purchaser  a  certificate 
ceitiflcate,  &c.  of  the  contents  of  any  load,  he  shall  forfeit  five  dollars 
Ibid.  §10.  for  each  offense  ;  and  all  the  penalties  herein  before  pro- 

vided, may  be  recovered  by  action  of  debt  or  complaint, 
one-half  to  the  town  where  the  offence  is  committed,  and 
the  other  to  the  prosecutor. 

Ordinances. 
1 .  There  shall  be  chosen  annually  by  the  city  couii- 

Measurers  of        .  ./././ 

firewood  and  cil  ill  coiiventioii,  two  Or  morc  measurers  of  fire- wood 
chosen. ^^  .  and  bark,  brought  into  the  cjty  for  sale,  who  shall  be 
«     ^  ^  ,.„„  sworn  to  the  faithful  performance  of  their  office,  and 

Rev.  Ord.,  1868.  ^  ' 

shall  hold  their  office  durino^  the  municipal  year,  and 

To  be  sworn.  mi  •  i  •       i  i  i 

until  others  are  appointed  in  their  stead,  unless  sooner 

Vacancies  to  be  removed  by  vote  of  the  city  council.     In  case  of  a 

^^^^^'  vacancy   in    said   office   by   resignation,  removal  or 

otherwise,  the  city  council  shall  proceed  to  fill  the 

same  by  a  new  election  for  the  residue  of  the  year. 


WOOD,  BARK,  CHARCOAL.  577 

2.  In  order  to  prevent  competition  in  the  survey  of  Measurement 
firewood  and  bark,  this  department  shall  be  divided  two\randies 
into  two  branches,  one  of  which  shall  embrace  the  o'f  wood  and 
survey  of  all  firewood  and  bark  brought  into  the  city  bark  brought 
on  carts,  wagons  or  sleds,  and  the  other  shall  embrace  ^^  &c^*  ^ 
the  survey  of  firewood  and  bark  brought  by  water  or  ^^  same  by 
railroad   conveyance ;    and   each   measurer  shall  be  road, 
independent  of  the  other,  and  shall  attend  personally  ^^^^^^''Sf  ^' 
and  exclusively  to  the  duties  of  that  branch  of  the   tncts. 
survey  to  which  he  is  chosen.     In  order  still  further  ^g^g'  ^^d  Rev. 
to  prevent  competition,  the  number  of  measurers  of  ^^d.,  ises. 
firewood  and  bark,  brought  into  the  city  by  water  or 

railroad  conveyance,  shall  be  limited  to  two,  and  the 
city  shall  be  divided  into  two  districts  for  the  measure- 
ment of  the  same,  to  each  of  which  districts  one 
measurer  shall  be  designated ;  and  all  wood  and  bark 
brought  as  aforesaid  into  either  district,  shall  be 
measured  as  provided  in  section  three  of  this  ordi- 
naiitee,  exclusively  by  the  measurer  appointed  to  said 
district.  So  much  of  the  city  as  lies  westerly  of  a 
line  drawn  through  the  centre  of  Wilmot  street,  to 
Congress  street ;  thence  through  the  centre  of  Con- 
gress to  Exchange  street ;  thence  through  the  centre 
of  Exchange  to  Long  wharf,  and  including  Long 
wharf,  shall  constitute  district  number  one ;  and  so 
much  as  lies  to  the  easterly  of  said  lines  shall  consti- 
tute district  number  two.  The  measurer  first  elected 
by  the  city  council  shall  be  the  measurer  for  district 
number  one,  during  the  municipal  year,  unless  the 
district  of  each  measurer  shall  be  designated  at  the 
time  of  said  election. 

3.  It  shall  be  the  duty  of  each  measurer  carefully  Duties  of  meas- 
and  accurately  to  measure  all  firewood  and  bark  which   '^^^^• 

,  ,  .1.1,/.  ^®^-  O^"  1868. 

he  may  be  requested  to  measure  m .  his  branch  of 

survey,  on  payment  of  the  fees  allowed  for  such  ser-  t^  g^^g  tickets 

vice,  and  deliver  to  the  driver,  or  person  havinfir  the   certifying 

,  ^  measure,  &c- 

care  of  the  w^ood  or  bar^:,  a  ticket  under  his  hand  for 


578 


WOOD,  BARK,  CHARCOAL. 


To  keep  record 
of  tickets 
issued. 

To  make  annu- 
al report  to 
city  council. 


Teams  with 
wood  or  bark 
not  to  stand  in 
street  longer 
than  ten  min- 
utes. 

Ibid. 

Cattle  not  to  he 
fastened  to 
post,  &c. 

Teams  not  to  be 
fed. 

Wood  not  to  be 
unloaded  or 
piled  in  mark- 
et. 

Penalties. 
Ibid. 


each  load  he  may  measure,  certifying  in  words  at 
length,  written  in  ink,  the  quantity  the  load  contains, 
with  the  name  of  the  driver,  or  person  having  the 
charge  of  the  wood  or  bark,  and  the  town  in  which 
he  resides.  Each  measurer  shall  keep  an  accurate 
record  of  all  tickets  by  him  issued,  in  a  book  to  be 
by  him  provided  and  kept  for  that  purpose,  and  shall 
report  annually,  to  the  city  council,  the  number  of 
cords  of  firewood  and  bark  measured  by  him  during 
the  preceding  year,  and  the  amount  of  fees  received 
therefor. 

4.  No  team  having  firewood  or  bark  for  sale,  shall 
be  suffered  to  stand  in  any  street,  alley,  square,  or 
other  public  place,  for  a  longer  time  in  any  one  day, 
than  ten  minutes,  nor  shall  the  driver  of  any  team 
which  has  brought  firewood  or  bark  as  aforesaid,  hitch 
or  fasten  his  cattle  to  any  post,  tree,  or  fence,  in  any 
street  or  lane  ;  nor  shall  any  driver  of  such  team  feed 
his  cattle,  or  sufier  the  same  to  be  fed,  in  any  street ^ 
alley,  square,  or  other  public  place ;  nor  shall  any 
person  unload  or  pile  any  firewood  or  bark  upon  or 
within  the  wood  market,  if  any. 

5.  Every  person  ofiending  against  any  of  the  pre- 
ceding sections,  or  unreasonably  neglecting  to  perform 
any  of  the  duties  therein  required,  shall  forfeit  and 
pay,  for  the  use  of  the  city,  a  sum  not  less  than  five 
dollars  for  each  offence. 


Mayor  and 
aldennen  to 
appoint  per- 
son to  seize 
charcoal  bas- 
kets. 

Ibid. 


CHARCOAL. 

6.  The  mayor  and  aldermen  may  annually  appoint 
one  or  more  suitable  persons  to  seize  and .  secure  all 
baskets  used  for  measuring  charcoal  that  shall  not  be 
of  the  dimensions  prescribed  by  the  laws  of  the  State, 
and  to  prosecute  all  persons  who  shall  be  guilty  of  a 
breach  of  said  laws. 


Work  Houses, 


[See  Revised  Statutes,  1871,  cliapter  21,  and  title,  "Pacpees." 


City  of  Portland, 


IK  THE  YEAR  ONE  THOUSAND   EIGHT   HUNDRED   AND  EIGHTY-ONE. 


AN    ORDINANCE    IN    RELATION    TO    THE    REVISED 
ORDINANCES. 


Be  it  ordained  by  the  may  or  ^  aldermen^  and  com- 
mon council  of  the  city  of  Portland,  in  city  council 
asseynhled,  as  follows  : 
The  ordinances      ^E^*  1*  -^^  ^^^  Ordinances  printed  and  contained 
in  this  book      in  the  preceding  pao:es,  that  is  to  say,  in  a  certain 

declared  to  be  o    i.    o      '  •/  ^ 

the  ordinances  book  prepared  and  printed  under  the  direction  of 
of  theci?y.  Benjamin  F.  Andrews,  Charles  J.  Chapman,  Holman 
S.  Melcher,  Edward  Duddy  and  Samuel  Thurston, 
a  committee  duly  appointed  and  authorized  for  that 
purpose  by  a  vote  of  the  city  council  of  the  city  of 
Portland,  approved  on  the  seventh  day  of  April  in 
the  year  eighteen  hundred  and  eighty,  and  under  the 
further  direction  of  Charles  J.  Chapman,  Edward  B. 
Winslow,  Holman  S.  Melcher,  Edward  Duddy  and 
Samuel  Thurston,  a  committee  duly  appointed  and 
authorized  to  supervise  the  completion  of  the  work  of 
preparing,  printing  and  binding  said  book,  by  a  vote 


CITY  OF  PORTLAND.  581 

of  the  City  Council  of  the  city  of  Portland  approved 
on  the  fifteenth,  day  of  March  in  the  year  eighteen 
hundred  and  eighty-one,  shall  be  deemed  and  are 
declared  to  be  ordinances  of  the  said  city,  and  shall 
have  the  force  thereof. 

Sec.  2.  All  orders,  ordinances  and  parts  of  orders  Repeal  of  in- 
and  ordinances,  inconsistent  with  any  of  the  preced-   orJiinan^s. 
ing  ordinances,  are  hereby  repealed. 

Sec.  3.  The  repeal  of  the  preceding  section  shall 
not  aftect  any   act  done,  or  any  rio^ht  accruino^   or  having  of 

•^  ,     .          '  .         •  ,.  nghts  accrued, 

accrued,  or  established,  or  any  suit  or  proceeding  suits  pending, 
had  or  commenced  in  any  civil  case  before  the  time  *^* 
Avhen  such  repeal  shall  take  effect,  nor  any  offence  com- 
mitted, nor  any  penalty  or  forfeiture  incurred,  nor  any 
suit  or  prosecution  pending  at  the  time  of  such  repeal, 
for  any  offence  committed  or  for  the  recovery  of  any 
penalty  or  forfeiture  incurred,  under  any  of  the  provi- 
sions so  repealed  and  in  all  cases  where  any  provisions 
of  the  preceding  ordinances  made  are  to  go  into  oper- 
ation at  any  time  hereafter,  the  corresponding  pro- 
visions, if  any,  of  the  said  repealed  ordinances  or 
orders  shall  continue  in  force  until  the  said  new  pro- 
vision shall  go  into  operation ;  subject,  however,  to 
any  express  regulations  relating  thereto  which  may 
be  contained  in  the  preceding  ordinances ;  and  no 
ordinance,  order,  or  part  of  an  ordinance  or  order 
which  has  been  heretofore  repealed,  shall  be  revived 
by  the  repeal  in  the  preceding  section. 

Sec.  4.  All  copies  of  the  revised  ordinances,  not  „ 

^  '  How  copies  of 

otherwise  disposed  of,  shall  be  deposited  with  the    revised  ordi- 
city  clerk,  subject  to  the  direction  and  control  of  the    ^krpt,^&c" 
city  council,  and  shall  be  on  sale  at  such  price  as 
shall  be  determined  by  the  mayor  and  aldermen. 

Sec.  5.  Every  member  of  the  city  council  shall  copies  for  city 
be  entitled  to  one  copy  of  the  revised  ordinances.  council. 


582  CITY  OF  PORTLAND. 


In  Board  of  Mayor  and*  Aldermen,  ] 
December  5,  1881.  J 

Read  twice  and  passed  to  be  engrossed,  and  sent  down  for 
concurrence. 

Attest:  H.  I.  ROBINSOX,  Cleric, 


In  Common  Council,  1 

December  5,  1881.     J 

Read  twice  and  passed  to  be  engrossed  in  concurrence. 

Attest:  L.  CLIFFORD  WADE,   Cleric, 


In  Board  of  Mayor  and  Aldermen,  1 
December  5,  1881.  J 

Read  and  passed  to  be  ordained  and  sent  down  for  concurrence. 
Attest:  Wm.  SENTER,  Mayor. 


In  Common  Council,  1 

December  5,  1881.      J 

Read  and  passed  to  be  ordained  in  concurrence. 
Attest:  SAMUEL  THURSTON, 

President  of  Common  Council, 


Approved,  December  6,  1881. 

Wm.  SENTER,  Mayor, 


J 


APPENDIX. 


EULES  AND  OEDEES 


BO^RD 


MAYOR  AND  ALDERMEN, 


Section  1.  The  mayor  or  in  his  absence  the  chairman  of  the 
board,  shall  take  the  chair  at  the  hour  to  which  the  board 
adjourned,  and  shall  call  the  members  to  order ;  and  a  quorum 
being  present,  shall  cause  the  minutes  of  the  preceding  meeting 
to  be  read.  In  the  absence  of  the  mayor  and  chairman,  the 
board  shall  elect  a  chairman  jpro  temjpore. 

Section  2.  He  shall  preserve  decorum  and  order;  may  speak 
to  points  of  order  in  preference  to  other  members ;  and  shall 
decide  all  questions  of  order,  subject  to  an  appeal  to  the  board 
by  motion  regularly  seconded ;  and  no  other  business  shall  be  in 
order  till  the  question  on  the  appeal  is  decided. 

Sections.  He  shall  declare  all  votes;  but  if  any  member 
doubts  a  vote,  the  chairman  shall  cause  a  return  of  the  members 
voting  in  the  affirmative  and  in  the  negative,  without  debate. 

Section  4.  He  may  read  sitting,  but  shall  rise  to  state  a  motion 
or  put  a  question. 

Section  5.  On  all  questions  and  motions  whatsoever,  the  chair- 
man shall  take  the  sense  of  the  board  by  yeas  and  nays,  provided 
any  member  shall  so  request. 


586  APPENDIX. 

Section  6.  He  shall  propound  all"  questions  in  the  ord^r  in 
which  they  are  moved,  unless  the  subsequent  motion  shall  be 
previous  in  its  nature ;  except  in  naming  sums  and  fixing  times, 
the  largest  sum  and  the  longest  time  shall  be  put  first. 

Section  7.  After  a  motion  is  stated  or  read  by  the  chairman,  it 
shall  be  deemed  to  be  in  possession  of  the  board,  and  shall  be 
disposed  of  by  vote. 

Section  8.  When  a  question  is  under  debate,  the  chairaian 
shall  receive  no  motion  but  to  adjourn,  lay  on  the  table,  to  post- 
pone to  a  day  certain,  to  commit,  to  amend,  or  to  postpone 
indefinitely  ;  which  several  motions  shall  have  precedence  in  the 
order  in  which  they  stand  arranged.  A  motion  to  postpone 
indefinitely  shall  not  be  renewed  during  the  same  session ;  and  a 
motion  to  strike  out  the  enacting  clause  of  an  ordinance  shall  be 
equivalent  to  a  motion  to  postpone  indefinitely. 

Section  9.  The  chairman  shall  consider  a  motion  to  adjournas 
always  in  order  except  on  immediate  repetition  :  and  that  motion, 
and  the  motion  to  lay  on  the  table,  or  take  from  the  table,  shall 
be  decided  without  debate. 

Section  10.  When  a  vote  is  passed,  it  shall  be  in  order  for 
any  member  to  move  a  reconsideration  thereof  at  the  same,  or 
the  next  stated  meeting,  but  not  afterward,  except  on  papers 
returned  from  the  mayor ;  and  when  a  motion  of  reconsideration 
is  decided,  that  vote  shall  not  be  reconsidered. 

Section  11.  Every  member,  when  about  to  speak,  shall  rise 
and  respectfully  address  the  mayor  or  chairman  ;  confine  himself 
to  the  question  under  debate,  and  avoid  personalities.  Xo 
member  shall  speak  out  of  his  place  without  leave. 

Section  12.  Xo  member  speaking  shall  be  interrupted  by 
another,  but  by  a  call  to  order,  or  to  correct  a  mistake. 

Section  13.  Every  member  who  shall  be  present  when  a  ques- 
tion is  put,  shall  give  his  vote,  unless  the  board  shall  excuse 
him ;  application  to  be  so  excused,  on  any  question,  must  be 
made  before  the  board  j^  divided,  or  before  the  calling  of  the 
yeas  and  nays,  and  such  application  shall  be  decided  without 
debate. 

Section  14.  Every  motion  shall  be  reduced  to  writing,  if  the 
chairman  shall  so  direct,  or  any  member  request  it. 


RULES  OF  MAYOR  AND  ALDERMEN.  587 

Section  15.  Any  member  may  require  the  division  of  a  ques- 
tion, when  the  sense  will  admit  of  it. 

Section  16.  Motions  and  reports  may  be  committed  and  re- 
committed at  the  pleasure  of  the  board. 

Section  17.  A  motion  for  commitment,  until  it  is  decided, 
shall  preclude  all  amendments  of  the  main  question. 

Section  18.  When  a  vote  is  doubted,  the  members  for  and 
against  the  question,  when  called  on  by  the  chairman,  shall  rise 
and  stand  till  they  are  counted. 

Section  19.  The  folio win«:  standino^  committees  of  the  board 
shall  be  appointed,  viz  : 

Committee  on  agency  for  sale  of  intoxicating  liquors,  committee 
on  drains  and  sewers,  each  to  consist  of  three  members  of  the 
board. 

Committee  on  health,  committee  on  police,  committee  on 
licenses,  each  to  consist  of  the  mayor  and  two  members  of  the 
board. 

Committee  on  damages  for  grading  streets,  to  be  composed  of 
the  mayor  and  the  members  of  the  joint  committee  on  highways 
on  the  part  of  this  board. 

All  committees,  unless  otherwise  provided  for,  shall  be 
appointed  by  the  mayor  or  chairman. 

Section  20.  Committees  of  the  board  to  whom  any  matter  is 
specially  referred,  shall  be  required  to  report  within  four  weeks 
or  ask  for  further  time. 

Section  21.  The  foregoing  rules  shall  not  be  dispensed  with 
unless  two-thirds  of  the  members  present  consent  thereto,  nor 
shall  any  rule  or  order  be  amended  or  repealed,  without  notice 
in  writing  Keing  given  at  the  preceding  meeting,  nor  unless  a 
a  majority  of  the  board  vote  thereto. 

Section  22.  The  city  clerk  shall  keep  minutes  of  the  votes  and 
proceedings  of  the  board  of  aldermen,  board  of  mayor  and 
aldennen,  conventions  of  the  two  boards,  and  notice  reports, 
petitions,  memorials  and  other  papers  which  are  presented.  He 
shall  record  at  length,  in  a  jouraal  provided  with  an  index,  all 
orders,  ordinances,  resolutions  or  reports,  which  are  passed  or 
accepted  by  the  board,  or  in  concurrence.  He  shall  draw  up  and 
transmit  all  messages  to  the  board  of  common  council,  unless  the 
aldermen  otherwise  direct. 


JOIH'T  EULES  AlfD  OEDEES 


CITY    COUNCIL 


Section  1.  At  the  commencement  of  the  municipal  year  the 
following  joint  standing  committees  shall  be  appointed,  viz  : 

On  Accounts ,  to  consist  of  one  alderman  and  two  members  of 
the  common  council,  in  accordance  with  the  ordinance. 

On  Finance^  to  consist  of  the  maj^or,  two  aldermen,  and 
three  members  of  the  common  council,  in  accordance  with  the 
ordinance. 

On  Public  Buildings,  to  consist  of  the  mayor,  one  alderman, 
and  three  members  of  the  common  council,  in  accordance  with 
the  ordinance. 

On  Streets,  Sidewalks  and  Bridges,  to  consist  of  two  aldermen 
and  three  members  of  the  common  council. 

On  Laying  out  JSfeio  Streets,  to  consist  of  the  mayor,  two 
aldermen,  and  three  members  of  the  common  council,  in  accord- 
ance with  the  ordinance. 

On  Unimproved  Real  Estate,  to  consist  of  two  aldermen,  and 
three  members  of  the  common  council. 

On  Cemeteries  and  Public  Grounds,  to  consist  of  one  alder- 
man and  three  members  of  the  common  council,  in  accordance 
with  the  ordinance. 


JOINT  RULES  OF  CITY  COUNCIL.  589 

On  Salaries,  to  consist  of  three  aldermen  and  three  members 
of  the  common  council. 

On  Fire  Department,  to  consist  of  two  aldermen  and  three 
members  of  the  common  council. 

On  Street  Lamps,  to  consist  of  one  alderman  and  three  mem- 
bers of  the  common  council,  in  accordance  with  the  ordinance. 

On  Judicial  Proceedings  and  Claims,  to  consist  of  the  mayor, 
two  aldermen,  and  three  members  of  the  common  council. 

On  Engrossed  Bills,  to  consist  of  one  alderman  and  three 
members  of  the  common  council. 

On  Bells  and  Clocks,  to  consist  of  one  alderman  and  three 
members  of  the  common  council. 

On  Public  Instruction,  to  consist  of  two  aldermen  and  three 
members  of  the  common  council. 

The  mayor  shall  be  ex-officio  chairman  of  any  joint  committee 
of  which  he  is  a  member. 

The  members  of  the  board  of  mayor  and  aldermen  and  of  the 
the  common  council,  who  shall  constitute  the  joint  standing 
committees,  shall  be  chosen  or  appointed  by  their  respective 
boards,  and  the  member  of  the  board  of  aldermen  first  named  on 
every  joint  committee  (of  which  the  mayor  is  not  a  member) 
shall  be  its  chairman,  and  in  case  of  absence  or  inability  the 
member  of  the  common  council  first  named  shall  be  its  chairman, 
and  after  these  the  member  of  the  board  of  aldermen,  and  after 
him  the  member  of  common  council  first  in  order,  shall  call 
meetings  of  the  committee  and  act  as  chairman. 

Section  2.  In  every  case  of  disagreement  between  the  two 
branches  of  the  city  council,  if  either  board  shall  request  a  con- 
ference and  appoint  a  committee  of  conference,  the  other  board 
shall  also  appoint  a  committee  to  confer ;  such  committee  shall, 
at  a  convenient  time  meet  and  state  to  each  other,  verbally  or  in 
writing,  as  either  shall  choose,  the  reasons  of  their  respective 
boards,  for  and  against  the  matter  in  controversy,  confer  freely 
thereon,  and  report  to  their  respective  branches. 

Section  3.  The  reports  of  all  committees,  whether  by  ordinance, 
resolves,  or  otherwise,  shall  be  made  to  the  board  in  which  the 
business  referred  originated;  and  no  report  shall  be  received 
unless  agreed  to  in  the  committee  actually  assembled. 


590  APPENDIX. 

Section  4.  Each  board  shall  transmit  to  the  other  all  papers 
on  which  joint  action  may  be  necessary,  and  when  either  board 
shall  non-concur  with  the  action  of  the  other  respecting  any 
order,  ordinance,  or  resolution,  notice  of  such  non  concurrence 
shall  be  given  by  indorsement  on  such  paper.  All  papers  on  their 
passage  between  the  boards  shall  be  under  the  signatures  of  their 
respective  clerks,  except  ordinances  and  joint  resolutions  in  their 
last  stage,  which  shall  be  signed  by  the  presiding  officers. 

Section  5.  Either  board  may  propose  to  the  other  a  time  to 
which  both  boards  shall  adjourn. 

Section  6.  All  by-laws  passed  by  the  city  council  shall  be 
termed  "ordinances,"  and  the  enacting  style  shall  be :  "Be  it 
ordained  by  the  mayor,  aldermen  and  common  council  of  the  city 
of  Portland,  in  city  council  assembled." 

Section  7.  In  all  votes  of  commayid^  the  form  of  expression 
shall  be"  ordered  ;"  and  of  opinions,  principles,  facts,  or  purposes, 
the  form  shall  be  "resolved." 

Section  8.  All  ordinances  shall  be  prefixed  by  a  title  briefly 
stating  the  subject  matter  of  the  same,  and  have  two  several 
readings  before  they  are  finally  passed.  No  ordinance  or  order 
imposing  penalties,  or  authorizing  the  expenditure  of  money,  or 
authorizing  a  loan  shall  have  its  second  reading  on  the  same  day, 
if  ^ve  members  object. 

Section  9.  No  ordinance  or  resolution  shall  pass  to  be  engrossed 
without  being  twice  read.  All  ordinances  or  resolutions  having 
been  engrossed,  shall  be  referred  to  the  committee  on  engrossed 
bills.  No  ordinance  shall  be  enacted,  or  resolve  finally  passed, 
until  reported  correctly  and  truly  engrossed. 

Section  10.  After  the  annual  order  of  appropriations  shall  have 
been  passed,  no  subsequent  expenditures  shall  be  authorized  for 
any  purpose,  unless  provision  for  the  same  shall  be  made  by 
specific  transfer  from  some  of  the  appropriations  contained  in 
such  annual  order,  or  by  expressly  creating  therefor  a  city  debt. 
No  transfer  from  any  appropriation  shall  be  made,  and  no  city 
debt  shall  at  any  time  be  created,  unless  the  order  authorizing 
the  same  shall  pass  by  a  vote  of  two-thirds  of  the  whole  number 
of  each  branch,  voting  by  yeas  and  nays. 


JOINT  RULES  OF  CITY  COUNCIL.  591 

Section  11.  Each  committee  having  in  charge  the  expenditure 
of  money,  during  this  municipal  year,  shall  report  to  the  city 
council  at  the  fii'st  meeting  of  each  alternate  month,  or  at  the 
next  meeting  thereafter,  the  amount  of  money  expended  during 
the  preceding  two  months ;  also  the  amount  of  bills,  as  nearly 
as  practicable,  remaining  unpaid. 

Section  12.  In  all  contracts  or  expenditures  to  be  made  under 
the  authority  of  the  city  council,  whenever  the  estimates  shall 
exceed  the  appropriations  especially  made  therefor,  or  whenever 
any  committee  or  officer  shall  have  expended  the  sum  especially 
appropriated  for  their  use  in  the  order  of  appropriation  for  the 
year,  and  in  either  case  shall  require  a  further  sum,  it  shall  be 
the  duty  of  such  committee  or  officer  having  such  matter  in 
charge,  to  submit  the  same  to  the  city  council  for  instructions, 
before  such  contract  is  made,  or  any  expenditure  for  the  object 
is  incurred. 

Section  13.  It  shall  be  the  duty  of  every  committee,  to  which 
an}'  subject  may  be  refeiTcd,  to  report  thereon  within  four  weeks, 
or  at  the  next  reo^ular  meetinor. 

Section  14.  No  chairman  of  any  committee  shall  approve  any 
bill  or  account  against  the  city,  not  authorized  by  the  committee. 

Section  15.  The  salary  of  each  subordinate  city  officer  shall 
be  fixed  annually  by  the  concurrent  action  of  both  boards  ;  and 
after  being  once  fixed,  shall  not  be  increased  during  the  time  for 
which  they  are  elected. 

Section  16.  The  approval  in  writing  of  a  majority  of  the 
members  of  any  and  all  joint  standing  committees  shall  be 
necessary  upon  all  bills  referred  to  such  committee  or  committees 
before  the  same  shall  be  paid  or  considered  valid. 

Section  17.  Xone  of  the  foregoing  joint  rules  and  orders  shall 
be  suspended  or  repealed  unless  two-thirds  of  the  members 
present  consent  thereto. 


EXILES  AJSTD  ORDEES 


COMMOI^    COUI^CIL 


DUTIES    AND   POWERS   OF   THE    PEESIDENT. 

Section  1.  The  president  shall  take  the  chair  precisely  at  the 
time  appointed  for  the  meeting,  call  the  members  to  order,  cause 
the  roll  to  be  called,  and  on  the  appearance  of  a  quorum  cause 
the  minutes  of  the  preceding  meeting  to  be  read,  and  proceed  to 
business. 

Section  2.  He  shall  preserve  decorum  and  order;  may  speak 
to  points  of  order  in  preference  to  other  members,  but  shall  not 
speak  to  any  other  question  while  in  the  chair.  He  shall  decide 
all  questions  of  order,  subject  to  an  appeal  to  the  council,  by 
motion  regularly  seconded,  and  no  other  business  shall  be  enter- 
tained until  the  question  on  the  appeal  shall  be  decided. 

Section  3.  He  shall  declare  all  votes.  If  a  vote  is  doubted, 
the  question  shall  be  determined  without  debate,  by  members 
standing  in  their  places  until  counted. 

Section  4.  He  shall  rise  to  address  the  council  or  to  put  a 
question,  but  may  read  sitting. 

Section  5.  In  all  cases  the  president  may  vote. 

Section  6.  When  the  council  shall  determine  to  go  into  a 
committee  of  the  whole,  the  president  shall  appoint  the  member 
who  shall  take  the  chair.  He  may  at  any  time  call  a  member  to 
the  chair,  but  such  substitution  shall  not  continue  beyond  an 
adjournment. 


RULES  OF  COMMON  COUNCIL.  593 

Section  7.  On  all  questions  and  motions  whatsoever,  the 
president  shall  take  the  sense  of  the  council  by  yeas  and  nays, 
provided  one-fifth  of  the  members  present  shall  so  require. 

Section  8.  The  president  shall  propound  all  questions  in  the 
order  in  which  they  are  moved,  unless  the  subsequent  motion 
shall  be  previous  in  its  nature,  except  that  in  naming  sums  and 
fixing  times,  the  largest  sum  and  the  longest  time  shall  be  put 
first. 

Section  9.  When  a  question  is  under  debate,  no  motion  shall 
be  received  but  to  adjourn,  to  lay  on  the  table,  for  the  previous 
question,  to  postpone  to  a  day  certain,  to  commit,  to  amend,  or 
to  postpone  indefinitely ;  which  several  motions  shall  have  pre- 
cedence in  the  order  in  which  they  are  arranged.  A  motion  to 
postpone  indefinitely  shall  not  be  renewed  during  the  same 
session.  A  motion  to  strike  out  the  enacting  clause  of  an  ordi- 
nance shall  be  equivalent  to  a  motion  to  postpone  indefinitely. 

Section  10.  A  motion  to  adjourn  shall  be  considered  as  always 
in  order,  except  on  an  immediate  repetition ;  and  that  motion, 
and  the  motion  to  lay  on  the  table,  shall  be  decided  without 
debate. 

Section  11.  Upon  the  motion  for  the  previous  question  being 
made  and  seconded  by  a  majority,  the  president  shall  put  the 
question  in  the  following  form  :  "  Shall  the  main  question  now 
he  putf  and  all  debate  upon  the  main  question  shall  be  suspended 
until  the  motion  for  the  previous  question  shall  be  decided. 
After  the  adoption  of  said  motion,  the  sense  of  the  council  shall 
l)e  forthwith  taken  upon  all  pending  amendments,  and  then  upon 
the  main  question. 

Section  12.  Xo  debate  shall  be  allowed  on  a  motion  for  the 
previous  question.  Neither  is  it  susceptible  of  amendment.  All 
questions  of  order,  arising  incidentally  thereon,  must  be  decided 
"without  discussion,  whether  appeal  be  had  from  the  chair  or  not. 

Section  13.  AVhen  two  or  more  members  rise  to  speak  at  the 
same  time,  thie  president  shall  name  the  member  who  is  entitled 
to  the  floor. 

Section  14.  All  committees  shall  be  appointed  by  the  president, 
unless  otherwise  provided  for. 


594  APPENDIX. 

Section  15.  When  a  member  is  about  to  speak,  he  shall  rise 
in  his  place,  and  respectfully  address  the  president,  confine  him- 
self to  the  question  under  debate,  and  avoid  personalities. 

Section  16.  No  member  speaking  shall  be  interrupted  by 
another,  but  by  a  call  to  order,  or  to  correct  a  mistake. 

Section  17.  ]N"o  member  shall  speak  more  than  twice  on  one 
question. at  the  same  meeting,  without  leave  of  the  council. 

Section  18.  When  a  vote  has  passed,  it  shall  be  in  order  for 
any  member  to  move  a  reconsideration  thereof  at  the  same  or 
the  succeeding  meeting,  but  not  afterward,  except  on  papers 
returned  from  the  mayor.  If  made  at  the  same  meeting,  a 
majority  of  the  members  present  may  reconsider,  but  if  not 
made  until  the  succeeding  meeting,  the  subject  shall  not  be 
reconsidered  unless  a  majority  of  the  whole  council  shall  vote 
therefor  ;  and  when  a  motion  for  reconsideration  is  decided,  that 
vote  shall  not  be  reconsidered. 

Section  19.  When  any  member  shall  be  guilty  of  a  breach  of 
either  of  the  rules  and  orders  of  the  council,  he  may,  on  motion 
be  required  to  make  satisfaction  therefor,  and  shall  not  be  allowed 
to  vote,  or  speak,  except  by  way  of  excuse,  until  he  has  done  so. 

Section  20.  Every  member  present  when  a  question  is  put, 
shall  give  his  vote,  unless  the  council,  for  special  reasons,  shall 
excuse  him ;  application  to  be  so  excused  must  be  made  before 
the  council  is  divided,  or  before  the  calling  of  the  yeas  and  nays, 
and  decided  without  debate. 

Section  21.  Every  motion  shall  be  reduced  to  writing,  if  the 
president  shall  so  direct. 

Section  22.  Any  member  may  require  the  division  of  a  ques- 
tion when  the  sense  will  admit  of  it. 

Section  23.  A  motion  for  commitment,  until  it  is  decided, 
shall  preclude  all  amendments  of  the  main  question. 

Section  24.  All  questions  relating  to  priority  of  business  to  be 
acted  upon,  shall  be  decided  without  debate. 

Section  25.  The  seats  shall  be  occupied  in  the  following  order  : 
Members  from  ward  one,  first  on  the  left  hand  of  the  president, 
and  members  from  other  wards  in  regular  rotation  according  to 
the  number  of  their  ward. 


RULES  OF  COMMON  COUNCIL.  .      595 

Section  26.  Xo  member  shall  call  another  by  name  in  debate, 
but  may  alhide  to  him  by  any  intelligible  or  respectful  designation. 

Section  27.  If  the  reading  of  any  paper  is  called  for,  and  any 
member  ol>jects  thereto,  it  shall  be  decided  by  the  council.  No 
member  shall  withdraw  from  the  council  room  without  leave 
unless  there  be  a  quorum  left  present  at  the  board.  Members 
shall  not  leave  their  places  on  an  adjournment  until  the  president 
has  declared  the  council  adjourned. 

Section  2S.  All  papers  addressed  to  the  council  shall  be  pre- 
sented by  the  president,  or  a  member  in  his  place,  indorsed  with 
the  name  of  the  member  presenting  it,  and  shall  be  read  by  the 
president,  clerk,  or  such  other  person  as  the  president  may 
request ;  and  shall  be  taken  up  in  the  order  in  which  they  are 
presented,  except  when  the  council  shall  otherwise  determine : 
Provided  that  any  petition,  memorial,  remonstrance,  or  other 
paper  of  like  nature  requiring  reference  to  a  committee,  shall  be 
indorsed  upon  the  back  with  the  first  name  and  the  number  of 
signers,  and  the  object  of  the  paper,  and  may  be  read  by  each 
indorsement  unless  otherwise  ordered. 

POWERS    AND    DUTIES    OF    COM3nTTEES,    ETC. 

Section  29.  The  rules  of  the  council  shall  be  observed  in 
committee  of  the  whole,  as  far  as  they  are  applicable.  A  motion 
to  rise,  report  progress,  and  ask  leave  to  sit  again,  shall  be  first 
in  order,  and  shall  be  decided  without  debate. 

Section  30.  Xo  committee  shall  sit  during  a  session  of  council 
without  leave. 

Section  31.  All  committees  chosen  by  ballot,  or  consisting  of 
one  or  more  from  each  ward,  shall  organize  at  their  first  meeting 
l)y  the  choice  of  a  chainnan,  and  report  the  same  to  the  council. 
In  all  cases  where  the  president  appoints  a  committee,  unless 
otherwise  provided  for,  the  member  first  named  shall  be  chair- 
man, and  in  his  absence  the  member  next  in  order,  who  shall  be 
present,  shall  be  chainnan  jpro  tempore. 

Section  32.  All  select  committees  of  the  council  shall  consist 
of  three  members,  unless  otherwise  ordered. 


596  APPENDIX. 

Section  33.  No  report  of  any  committee  shall  be  received 
unless  agreed  to  in  committee  assembled. 

Section  34.  Committees  of  the  council  to  which  any  matter  is 
referred,  shall  report  thereon  within  four  weeks,  or  at  the  next 
regular  meeting. 

DUTIES    OF   CLEKK,    ETC. 

Section  35.  The  clerk  shall  keep  a  minute  of  the  votes  and 
proceedings  of  the  council,  and  enter  the  same  in  a  journal 
provided  with  an  index.  He  shall  record  at  length  all  accepted 
reports  of  select  committees  of  the  council ;  shall  draw  up  and 
carry  to  the  board  of  mayor  and  aldermen  all  messages,  unless 
the  council  shall  otherwise  direct.  He  shall  cause  the  members 
to  be  notified  at  the  time  of  the  meetings  by  the  messenger.  In 
the  absence  of  the  president  he  shall  call  the  council  to  order, 
and  preside  until  a  president  jpro  tempore  is  chosen. 

Section  36.  No  rule  or  order  of  the  council  shall  be  suspended 
unless  two-thirds  of  the  members  present  consent  thereto,  nor 
shall  any  rule  or  order  be  altered  or  repealed  without  notice  of 
such  alteration  being  given  in  writing  at  a  preceding  meeting,  or 
unless  a  majority  of  all  the  members  of  the  council  vote  therefor. 


OA.T-A.LOGUE 


aOVERNMEJSTT 


CITY    OF   POKTLAND, 


IN   CHRONOLOGICAL   ORDER  OF  THEIR   SERVICE, 


FROM  ITS 


IlsrSTITUTIO]^', 
AprH,   1833,   to   March,   1881. 


OATALOG-TJE 


CITY     GOVERNMENT 


FROM   1832  TO   1881. 


VOTES  FOR  MAYOR  AT  THE   SEVERAL  ELECTIONS  HELD  FROM 

1832  TO    1881. 


1832— (1st  trial.) 
Emerson, 
Richardson, 
Clapp, 
ChurchiU, 


Total, 


Emerson, 
Churchill, 
Scattering, 


(2d  trial.) 


621 
278 
333 
Ul 


1374 


737 
699 

7 


Total,  1442 

[Emerson  resigned  before  the  year 
expired,  and  Jonathan  Dow  was  el- 
ected to  fill  the  vacancy.] 


1833. 


Jonathan  Dow, 

Anderson, 

Scattering, 

Total, 


Cutter, 
Anderson, 

Total, 


1834. 


709 

783 

10 

1492 


1232 
885 

2067 


1835, 


Cutter, 
Harris, 


Total, 


Cutter, 
Clapp, 


Total, 


Cutter, 
Boody, 
Scattering, 

Total, 


Cutter, 
Mitchell, 

Total, 


1836, 


1837, 


1838. 


964 

558 

1522 


962 
1942 


940 

380 

94 

1414 


1245 
985 

2230 


37 


600 


APPENDIX. 


1839. 


Cutter, 
Clapp, 
Scattering, 

Total, 


1044 

686 
12 

1742 


1840,  (Ist  trial). 
Greely, 
Cutter, 

497 
509 

Southgate, 
Scattering, 

702 
9 

Total, 


1717 


(2d  trial.) 


Total, 


Churchill, 
Cutter, 
Southgate, 
Scattering, 

Total, 

[No  choice. 
Churchill.] 


Churchill, 
Anderson, 
Scattering, 

Total, 


(2d  trial.) 


1527 


577 
269 
787 


1671 


The  city  council  elected 


1842. 


863 

963 

23 

1849 


Greely, 
Anderson, 
Cutter, 
Scattering, 

Total, 


Greely, 
Anderson, 
Cutter, 
Scattering, 


1848,  (1st  trial.) 


(2d  trial.) 


691 

904 

311 

12 

1918 


547 

745 

240 

36 


Total,  1568 

[There  being  no  choice  the  city  coun- 
cil elected  Greely.] 


Cutter,                                                 776 

Southgate,                                           700 

Scattering,          -                                 105 

1844,  (1st  trial.) 

Greely, 

771 

Total,                                          1581 

Emery, 

583 

[No  choice.    Mr.  Cutter  was  elected 

Appleton, 

458 

by  city  council.] 

Scattering, 

10 

Total, 

1822 

1841,  (1st  trial.) 

Churchill,                                            710 

(2d  trial.) 

Southgate,                                            680 

Greely, 

855 

Scattering,                                          137 

Greeuough, 

598 

Scattering, 

14 

Total, 


Total, 


Greely, 

Clapp, 

Scattering, 

Total, 


(2d  trial.) 


1467 


1845,  (1st  trial.) 

Greely, 

Clapp, 

Winslow, 

817 
666 
316 

Scattering, 

19 

1818 


950 

636 

6 

1592 


CATALOGUE  OF  CITY  GOVERNMENT. 


601 


Greely, 
Holden, 
Adams, 
Scattering, 

Total, 


Greely, 
Holden, 
Scattering, 

Total, 


Greely, 

Wells, 

Scattering, 


1846,  (1st  trial.) 


(2d  trial.) 


1847, 


Total, 


764 

515 

514 

6 

1799 


941 

849 

6 

1796 


1018 

687 

20 

1725 


1848,  (1st  trial.) 

Greely,  811 

Howard,      "  720 

Scattering,  116 

Total,  1647 

[Of  the  scattering,  93  for  Clapp.] 


(2d  trial.) 


Greely, 
Howard, 
Clapp, 
Scattering, 

Total, 


(1849,  1st  trial.) 
Cahoon, 
Clapp, 
Scattering, 

Total, 


922 

715 

103 

13 

1753 


957 

1016 
95 


(2d  trial.) 

Cahoon,  1066 

Clapp,  1022 

Scattering,  84 

Total,  2182 
[There  being  no  choice,  Cahoon  was 
elected  by  the  city  council.] 


1850. 


Cahoon, 
McCobb, 
Scattering, 

Total, 


1851,  (1st  trial.) 


Neal  Dow, 
Shepley, 
Noyes, 
Scattering, 

Total, 


Dow, 

Shepley, 

Scattering, 

Total, 


Dow, 

Parris, 

Scattering, 


(2d  trial.) 


1852. 


IjotaL 


Cahoon, 

Dow, 

Fox, 

Fessenden, 

Scattering, 


1853. 


1013 

674 

23 

1710' 


1184 

972 

225 

5 

2386 


1331 
975 

2: 


149^ 

1900^ 

3 


Total, 


1313 

353 

611 

75- 

59 

2511 


602 


APPENDIX. 


1854. 


Cahoon, 

Dow, 

Scattering, 

Total, 


Dow, 

McCobb, 

Scattering, 


Total, 


McCobb, 

Willis, 

Scattering, 


Total, 


Willis, 

Cummings, 

Scattering, 

Total, 


Jewett, 
Sliepley, 
'  Scattering, 

Total, 


Jewett, 
Holden, 
Scattering, 

Total, 


Howard, 

Jewett, 

Scattering, 

Total, 


1855. 


1856. 


1857. 


1858. 


1859. 


1860. 


1590 

1487 
34 

3111 


1894 

1819 

29 

3742 


2115 

1837 

3 

3955 


1861. 


Thomas, 
Howard, 
Scattering, 

Total, 


Thomas, 

McLellan, 

Scattering, 


Total, 


McLellan, 

Carroll, 

Scattering, 


Total, 


1964  McLellan, 
1547  Carroll, 
3  Scattering, 


3514 


1757 

1490 

53 

3390 


2017 

1812 

4 

3833 


2420 

2323 

16 

4759 


Total, 


McLellan, 

Sturdivant, 

Scattering, 

Total, 


Stevens, 

Shurtleff, 

Scattering, 

Total, 


Stevens, 
Shurtleff, 
Scattering, 

Total, 


1862. 


1863. 


1864. 


1865. 


1866, 


1867. 


2431 

2281 
9 

4621 


1821 

1687 

6 

3514 


2166 

1950 

21 

4137 


1941 

805 

7 

2753 


1765 

689 
505 

2959 


2029 
934 
192 


31c 


1903 

755 

2 

2660 


CATALOGUE  OF  CITY  GOVERNMENT. 


603 


1868,  (1st  trial.) 


McLellan, 
Putnam, 
Deering, 
Scattering, 

Total, 


McLellan, 
Putnam, 
Deering, 
Scattering, 


2405 


(2d  trial.) 


179 
9 

4835 


2712 

2629 

289 

4 


Total,  5634 

[No  choice.  The  city  council  elected 
McLellan.] 


Putnam, 

Drummond, 

Scattering, 

Total, 


Kingsbury, 

Putnam, 

Scattering, 


Total, 


Kingsbury, 
Emery, 
F.  Fox, 

Scattering, 

Total, 


Kingsbury, 
Cleaves, 
Morgan, 
Scattering, 

Total, 


Wescott, 

Cleaves, 

Scattering, 

Total, 


1869. 


1870. 


1871. 


1872. 


1873. 


2241 

2096 

6 

4343 


2468 

2245 

14 

4727 


2317 

1932 

39 

9 

4297 


2051 

1668 

314 

18 

4051 


2142 
1725 

4 


1874. 


Wescott, 

Sturtevant, 

Scattering, 

Total, 


Richardson, 

Wescott, 

Scattering, 


Total, 


Fessenden, 

Richardson, 

Scattering, 


Total, 


Butler, 

Richardson, 

Scattering, 

Total, 


Buttler, 
Walker, 
Turner, 
Scattering, 

Total, 


Walker, 

Senter, 

Scattering, 

Total, 


Senter, 

Fox, 

Scattering, 

Total, 


Senter, 
Andrews, 
Ames, 
Scattering, 


1875. 


1876. 


1877. 


1878. 


1879. 


1880. 


1881. 


3871 1         Total, 


1910 

1387 

9 

3306 


2463 

1992 

44 

4499 


3239 

2719 

3 

5961 


2711 

2116 

4 

4831 


2544 

2364 

138 

18 

6064 


2942 

2841 

61 

5844 


3354 

2117 

13 

6484 


2732 

2075 

99 

7 

49ia 


CATALOGUE 


1832. 

MAYOR. 

ANDREW  L.   EMERSON.* 


ALDERMEN. 


Ward  1.— Thomas  Hammond, 
2.— John  Williams, 
3. — John  Patten, 
4. — Charles  Mussey, 


Ward  5.— Seth  Bird, 

6. — ^Nathan  Cummings, 
7. — Ebenezer  Webster. 

« 


COMMON  COUNCIL. 

SAMUEL  FESSENDEN,  President. 


Ward  1. — Samuel  Eessenden, 
James  Mountfort, 
Ansyl  Clark. 

2. — William  Cammett, 
Daniel  Winslow, 
John  T.  Walton. 

3. — Moses  Hall, 

Eliphalet  Greely, 
George  Jewett. 

4. — David  Dana, 

John  W.  Appleton, 
Simeon  Hall. 


Ward  5. — Oliver  Everett, 
Isaac  Smith, 
Elisha  Trowbridge. 

6. — George  Bartol, 

William  Cutter,  Jr., 
James  B.  Cahoon. 

7. — Job  Randall, 
Isaac  Sparrovr, 
Ezra  Holden. 

Charles  Harding,  Clerk. 


*  Resigned  previous  to  expiration  of  office,  and  Jonathan  Dow  was  chosen 
to  fill  the  vacancy,  December  31,  1832. 


CATALOGUE  OF  CITY  GOVEENMENT. 


605 


1833. 

MAYOR. 

JOHN  ANDERSON. 


ALDERMEN. 


Ward  1.— Ansyl  Clark, 

2. — John  Williams, 

3. — Moses  Hall, 

4. — Simon  Greenleaf, 


Ward  5. — ^Nathaniel  Shaw, 
6.— Charles  Q.  Clapp, 
7.— William  T.  Vaughan. 


COMMON    COUNCIL. 

DANIEL    WINSLOW,  President- 


Ward  1. — James  Mountford, 

William  W.  Thomas, 
Staph.  Frothingham. 

2.-— George  W.  Pierce, 
Daniel  Wtnslow, 
David  Burbank. 

3.— Eliphalet  Greely, 
Thomas  Warren, 
Moses  Plummer. 

4. — Simeon  Hall, 

Andrew  P.  Mason, 
Thomas  Chadwick. 


Ward  5. — Thomas  Bolton, 
Jeremiah  Leavett, 
Nathaniel  Hamlin, 

6. — ^Martin  Gore, 

Benjamin  Larrabee, 
George  Bartol. 


7. 


-Ezra  Holden, 
James  Townsend, 
Robert  Knight. 


Benjamin  C.  Fernald,  Clerk. 


Ward  1.— Phillip  Greely, 

2. — William  Cammett-, 
3. — Thomas  Warren, 
4. — John  Purington, 


1834. 

MAYOR, 

LEVI  CUTTER, 

aldermen, 

Ward  5. — Alpheus  Shaw, 

6. — James  B.  Cahoon, 
7.— WiUiam  T.  Vaughan. 


COMMON  COUNCIL. 

ELIPHALET   GREELY,  PREsroENT. 


Islands. — John  Starling. 
Ward  1. — Steph.  Frothingham, 
James  Mountfort. 


2. — Lemnel  Dyer,  2d, 
Marshal  French, 
Charles  M.  Davis. 

3.— Eliphalet  Greely, 
Moses  I.  Plummer, 
Benj.  Knight. 

4. — Thomas  Chadwiqk, 
Simeon  Hall, 
Andrew  P.  Mason. 


Ward  5. — Joseph  Noble, 
Asa  Hanson, 
Edward  D.  Preble. 

6. — ^Benjamin  Larrabee, 
Nathaniel  Warren, 
John  Dow. 

7.— Ezra  Holden, 
Alden  Pierce, 
Nathaniel  Hasty,  Jr. 

Charles  Harding,  Clerk. 


606 


APPENDIX. 


1835. 

MAYOR. 

LEVI  OJTTER. 

ALDERMEN. 


Ward  1.— Phillip  Greely, 

2. — William  Cammett, 
3. — Thomas  Warren, 
4. — John  Purington, 


Ward  5. — John  Fox, 

6. — James  B.  Cahoon, 
7. — Nathaniel  Ilsley. 


COMMON    COUNCIL. 


ELIPHALET   GREELY,  PRESroENT. 


Ward  1. — Steph.  Frothingham, 
James  Mountfort. 


2. — Marshall  French, 
Hosea  Harford, 
Seba  Smith. 

3.— Eliphalet  Greely, 
Benjamin  Knight, 
Samuel  Chase. 


-Thomas  Chadwick, 
Nathaniel  Sweetsir, 
Benjamin  Ilsley. 


Ward  5. — Asa  Hanson, 

Edward  D.  Preble, 
Phineas  Varnam. 

6. — Oliver  B.  Dorrance, 
Henry  B.  Hart, 
Solomon  H.  Mudge. 

7. — James  Hall, 

Nathaniel  Hasty, 
Ira  Bradford. 

Charles  Harding,  Clerk. 


1836. 


MAYOR. 

LEVI   CUTTER. 


aldermen. 


Ward  1.— Phillip  Greely, 

2.— Wm.  W.  Woodbury, 
3. — Charles  M.  Davis, 
4. — Mark  Harris, 


Ward  5. — Asa  Hanson, 

6. — James  B.  Cahoori, 
7. — William  T.  Vaughan. 


COMMON  COUNCIL. 

PHINEAS  VARNUM,  President. 


Ward  1. — James  Mountfort, 

Steph.  Frothingham. 


-Enoch  Moody, 
William  Capen, 
William  Robinson. 


3. — Charles  Rogers, 
Benj.  Knight, 
William  Boyd. 


Jr. 


-Samuel  Hale, 
Horace  Ward, 
Freeman  Bradford. 


Ward  5. — Phineas  Varnum, 
John  Edmond, 
Elisha  Trowbridge. 

6. — Oliver  B.  Dorrance, 
Henry  B.  Hart, 
Seth  Paine,  Jr. 

7. — ^Nathaniel  Hamblin, 
Ira  Bradford, 
James  Hall. 

Charles  Harding,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


607 


i8a7. 

MAYOR. 

LEVI   CUTTER. 


ALDERMEN. 


Ward  1.— Steph.  Frothingham, 
2. — Eleazer  Wyer, 
3. — Charles  Rogers,  Jr. 
4.— Charles  C.  Mitchell, 


Ward  5. — Asa  Hanson, 

6.— James  B.  Cahoon, 
7.— Albert  Smith. 


COiniOX  COUNCIL. 

JOHN  D.  KINSMAN,  President. 


Ward  1. — James  Mountfort, 

Joseph  R.  Thompson. 


2. — Enoch  Moody, 
Charles  Blanchard, 
William  Capen. 

3.— William  Boyd, 

Thomas  Cummings, 
Nathaniel  Ellsworth. 

4,— Andrew  T.  Dole, 
Rufus  Read, 
James  L.  Merrill. 


Ward  5.— John  D.  Kinsman, 
Elisha  Trowbridge, 
Winslow  H.  Purinton. 

6. — Oliver  B.  Dorrance, 
Ezra  F.  Beal, 
John  L.  Meserve. 

7. — Nathaniel  Hamblin, 
Ira  Bradford, 
Stephen  W.  Eaton. 

Charles  Harding,  Clerk. 


1838. 

MAYOR. 

LEVI   CUTTER. 

ALDERMEN. 


Ward  1. — Steph.  Frothingham, 
2. — Eleazer  Wyer, 
3.— Eliphalet  Greely, 
4.— Charles  C.  Mitchell, 


Ward  5. — George  Clark, 

6. — Oliver  B.  Dorrance, 
7.— Albert  Smith. 


COMMON  COUNCIL. 

JOHN  D.  KINSMAN,  PREsroENT. 


Ward  1. — James  Mountfort, 
George  Pearson, 
Simeon  Skillings. 

2.— William  Capen, 
William  Robinson, 
Hall  J.  Little. 

3.— William  Boyd, 

Thomas  Cummings, 
John  B.  Cross. 

4. — Charles  Kimball, 
Ebenezer  Owen, 
George  Worcester. 


Ward  5. — John  D.  Kinsman, 
Elisha  Trowbridge, 
Charles  Davidson. 

6. — John  L.  Meserve, 
Nathaniel  F.  Deering, 
Clement  Pennell. 

7.— Stephen  W.  Eaton, 
Alfred  Randall, 
Samuel  Elder. 

Charles  Harding,  Clerk. 


608 


APPENDIX. 


1839. 

MAYOK. 

LEVI   CUTTER. 


ALDERMEN. 


Ward  1.— Stepli.  Frotbmgham, 
2. — Eleazer  Wyer, 
3. — Eliplialet  Greely, 
4.— Charles  C.  MitcheU, 


Ward  5. — George  Clark, 

6. — Nathaniel  F.  Deering, 
7. — Joseph  Howard. 


COMMON  COUNCIL. 

ELISHA  TROWBKIDGE,  President. 


Ward  1. 


2.- 


-George  Pearson, 
Joshua  B.  Osgood, 
Simeon  Skillings. 

-William  Robinson, 
Hall  J.  Little, 
Alexander  Hubbs. 


3.— William  Boyd, 

Thomas  Cummings, 
Charles  E.  Barretts 

4. — Charles  Kimball, 
Ebenezer  Owen, 
George  Worcester. 


Ward  5. — Elisha  Trowbridge, 
St.  John  Smith, 
Nahum  Libby. 

6. — Clement  Pennell, 
Nathaniel  Blanchard, 
William  E.  Greely. 

7.— Stephen  W.  Eaton, 
Alfred  Randall, 
John  Sweetsir. 

Charles  Harding,  Clark. 


1840. 

mayor. 

LEVI   CUTTER. 

aldermen. 


Ward  1. — Joshua  B.  Osgood, 
2.— Hall  J.  Little, 
3.— William  Boyd, 
4. — John  Purinton, 


Ward  5.— Joseph  M.  Gerrish, 

6. — Nathaniel  F.  Deering, 
7. — Joseph  Howard. 


common  council. 
CHARLES  E.   BARRETT,  President. 


Ward  1. 


2.- 


-Harrison  Brazier. 
Ezekiel  Thurston, 
John  Brackett. 

-William  Robinson, 
Edward  Fernald, 
Joseph  Brooks. 


3.— Charles  E.  Barrett, 
Seward  Merrill, 
Edmund  Wiuship. 


4.- 


-Samuel  Chadwick, 
Henry  B.  Hart, 
Joseph  L.  Kelly.  • 


Ward  5.— St.  John  Smith, 
Nahum  Libby, 
Theophilus  C.  Hersey. 

6. — Nathaniel  Blanchard, 
William  E.  Greely, 
John  B.  Brown. 

7. — Ira  Bradford, 

Joseph  R.  Mathews, 
Levi  Bolton. 

Charles  Harding,  Clerk. 


CATALOGUE  OF  CITY  GOVERNIVIENT. 


609 


1841. 

aiAYOR. 

JAMES   C.   CHURCHILL. 


ALDERMEN. 


Ward  1. — Joshua  B.  Osgood, 
2.— Hall  J.  Little, 
3. — Samuel  Chase, 
4. — John  Purinton, 


Ward  5. — Joseph  M.  Gerrish, 
6. — William  Goodenow, 
7. — Joseph  Howard. 


COMMON  COUNCIL. 

HENRY  B.   HART,  President. 


Ward  1. — Harrison  Brazier, 
Ezekiel  Thurston, 
John  Brackett.  * 

2.— Edwin  Fernald, 
Joseph  Brooks, 
Ellas  Mountfort. 

3. — Edmund  Winship, 
William  D.  Little, 
William  C.  Beckett. 

4.— Henry  B.  Hari;, 
Joseph  L.  Kelley, 
George  Worcester. 


Ward  6.— St.  John  Smith, 
Rufus  Hort;on, 
Eleazer  McKinney. 

6. — Nathaniel  Blanchard, 
John  B.  Brown, 
Benjamin  Larrabee. 

7. — Levi  Bolton, 

Joseph  R.  Mathews, 
Joseph  S.  Sargent. 

Charles  Harding,  Clerk. 


1842. 


MAYOR. 

JOHN  ANDERSON. 
aldermen. 


Ward  1. — John  Yeaton, 
2. — John  Williams, 
3. — Samuel  Chase, 
4. — James  Todd, 


Ward  5.— Parker  McCobb, 
6. — James  Appleton, 
7. — Joseph  Howard. 


common  council. 
CHARLES  HOLDEN,  President. 


Ward  1.— Samuel  Clark, 
Peter  Mugford, 
John  Brackett. 

2. — Charles  Holden, 
Benjamin  Fogg, 
John  Dela. 

3. — ^Edmund  Winship, 
William  D.  Little, 
William  C.  Beckett. 

4.— Eliphalet  Clark, 
George  W.  Smith, 
Zenas  Libbey. 


Ward  5. — Henry  Trickey, 

William  P.  Stodder, 
Byron  Greenough. 

6. — Charles  Blake, 

William  W.  Thomas, 
Calvin  Edwards. 

7. — James  Meserve, 
William  Budd, 
Elisha  Hasty. 

John  G.  Sawyer,  Clerk. 


610 


APPENDIX. 


1843. 

MAYOR. 

ELIPHALET   GREELY. 


ALDERMEN. 


Ward  1. — Jolin  Yeaton, 
2. — John  Williams, 
3. — Samuel  Chase, 
4. — Thomas  R.  Jones, 


Ward  5. — Elisha  Trowbridge, 
6. — John  Dow, 
7. — Joseph  Howard. 


COMMON  COUNCIL, 

WILLIAM  D.   LITTLE,  President. 


Ward  1. — Judah  Chandler, 
John  B.  Hudson, 
Islands. — John  Brackett. 

2. — Benjamin  Fogg, 
Edward  Waite, 
Ebenezer  C.  Stevens. 

3.— William  D.  Little, 
William  Hammond, 
Nathan  Chapman. 

4. — George  W.  Smith, 
Zenas  Libby, 
Abel  M.  Baker. 


Ward  5.— Byron  Greenough, 
William  P.  Stodder, 
Hanson  M.  Hart. 

6. — Calvin  Edwards, 
Clement  Pennell, 
Alvah  Conant. 

7.— William  Budd, 
Alvah  Libby, 


John  G.  Sawyer,  Clerk. 


1844. 


MAYOR. 

ELIPHALET   GREELY. 


ALDERMEN. 


Ward  1. — Steph.  Frothingham, 
2. — John  Williams, 
3. — Samuel  Chase, 
4. — Thomas  R.  Jones, 


Ward  6. — Elisha  Trowbridge, 
6. — John  Dow, 
7.— Stephen  W.  Eaton. 


COMMON  COUNCIL. 

WILLIAM  D.  LITTLE,  President. 


Waird  1. — Judah  Chandler, 
John  B.  Hudson, 
Islands. — Charles  York. 

""       2. — ^Ebenezer  C.  Stevens, 
Edward  Waite, 
Samuel  R.  Leavitt. 

3.— William  D.  Little, 
Edmund  Winship, 
William  Hammond. 

4. — Abel  M.  Baker, 
Henry  B.  Hart, 
Benjamin  Ilsley,  Jr. 


Ward  5. — Hanson  M.  Hart. 
W.  C.  Osborne, 
Wm.  E.  Edwards. 

6. — Alvah  Conant, 
Clement  Peuuell, 
Rufus  Horton. 

7. — Alvah  Libby, 
Daniel  Brazier, 
Lewis  J.  Sturtevant. 

S.  B.  Beckett,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


611 


1845. 

MAYOR.  "^ 

ELIPHALET  GREELY. 


ALDERMEN. 


Ward  1.— Steph.  Frothingham, 
2. — James  C.  Churchill, 
3.— Charles  E.  Barrett, 
4. — Thomas  R.  Jones, 


Ward  5.— Elisha  Trowbridge, 
6. — William  Goodenow, 
7. — George  F.  Shepley. 


COMMON  COUNCIL. 

WILLIAM  D.  LITTLE,  President. 


Ward  1.— George  Pearson, 
Joseph  Hay, 
Franklin  C.  Moody, 

2. —William  E.  Kimball. 
Solomon  Crockett, 
Josh.  W.  Waterhouse, 

3.— William  D.  Little, 
William  Hammond, 
Joseph  R.  Thompson. 
• 

4. — ^Benjiman  Ilsley,  Jr. 
Henry  B.  Hart, 
Joseph  L.  Kelly. 


Ward  5.- 


6.- 


-Ezra  Carter, 
Freeman  S.  Clark, 
Elbridge  Tobie. 

-Rufus  Horton, 
Horace  V.  Bartol, 
Clement  Pennell. 


7.— Samuel  Rolfe, 
David  J.  True, 
Jeremiah  Proctor. 


S.  B.  Beckett,  Clerk. 


1846. 


MAYOR. 

ELIPHALET  GREELY. 


aldermen. 


Ward  1. — Harrison  Brazier, 
2. — John  Yeaton, 
3.— Charles  E.  Barrett, 
4. — Edward  Howe, 


Ward  5.— Henry  B.  Hart, 
6. — John  Dow, 
7. — ^P.  Fox  Vamum. 


COMMON  council. 

WILLIAM  D.  LITTLE,  President. 


Ward  1.- 


-George  Pearson, 
Joseph  Hay, 
Franklin  C.  Moody. 

-Harris  C.  Barnes, 
Hosea  Hartbrd, 
Solomon  Crockett. 


3.— William  D.  Little, 
Joseph  R.  Thompson, 
Reuben  Kent,  Jr. 

4. — Benjamin  Ilsley,  Jr. 
Solomon  T.  Corser, 
Nahum  Libby. 


Ward  5.— Wm.  E.  Edwards, 
Robert  F.  Green, 
Thomas  F.  Tolman. 

6. — Clement  PenneU, 
Rufus  Horton, 
Horace  V.  Bartol. 

7. — George  T.  Hedge, 
Samuel  Rolfe, 
Jeremiah  Proctor, 

John  H.  Williams,  Clerk. 


612 


APPENDIX. 


1847. 

MAYOR. 

ELIPHALET  GREELY. 


ALDERMEN. 


Ward  1. — Harrison  Brazier, 
2. — Jona.  0.  Bancroft, 
3. — Samuel  Chase, 
4. — Edward  Howe, 


Ward  5. — Simon  Merrill, 

6. — Nathaniel  F.  Deering, 
7. — P.  Fox  Varnum. 


COMMON  COUNCIL. 

WILLIAM  D.  LITTLE,  President. 


Ward  1. 


2.- 


-George  Pearson, 
Franklin  C.  Moody, 
Jacob  T.  Lewis. 

-Hosea  Harford, 
Solomon  Crockett, 
Eliphalet  Webster. 

-William  D.  Little, 
Reuben  Kent,  Jr., 
Alfred  M.  Dresser. 


4. — Solomon  T.  Corser, 
Edward  Wheeler,  Jr., 
Nathan  Barker. 


Ward  5. — George  Worcester, 
John  Edwards, 
(One  vacancy.) 

6. — Clement  Pennell, 
Horace  Bartol, 
Charles  Baker. 

7.— Moody  F.  Walker, 
Samuel  Rolfe, 
James  Meserve. 

JoHN*H.  Williams,  Clerk. 


1848. 

MAYOR. 

ELIPHALET  GREELY. 


ALDERMEN. 


Ward  1. — Steph.  Frothinghara, 
2. — Lemuel  Cobb,  Jr., 
3. — Geo.  W.  Woodman, 
4. — John  Purinton. 


Ward  5. — Byron  Greenough, 

6. — Nathaniel  F.  Deering, 
7. — Edward  Fox. 


COMMON  COUNCIL. 

WILLIAM  D.  LITTLE,  President. 


Ward  1. — Jacob  T.  Lewis, 
Elisha  Hinds, 
Abner  Lowell. 

2.— Rufus  W.  Thaxter, 
Harris  C.  Barnes, 
John  C.  Tukesbury. 

8.— William  D.  Little, 
Thomas  Cummings, 
Joseph  R.  Thompson. 

4. — Solomon  T.  Corser, 
Charles  W.  Child, 
William  E.  Kimball. 


Ward  5. — Hezekiah  Winslow, 
James  T.  McCobb, 
Elbridge  Tobie. 

6. — James  B.  Cahoon, 
Rufus  Horton, 
Martin  Gore. 

7. — Alvah  Libby, 
Peter  Bolton, 
Hiram  Brooks. 

John  H.  Williams,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


613 


1849. 

MAYOR. 

JAMES  B.  CAHOON. 


ALDERMEN. 


Ward  1. — Robert  Dresser, 
2.— E.  C.  Stevens, 
3.— W.  W.  Woodbury, 
4. — John  Purinton, 


Ward  5. — S.  R.  Lyman, 
6. — Alvah  Conant, 
7. — Edward  Fox. 


COMMON  COUNCIL. 

WILLIAM  D.  LITTLE,  PREsroEXT. 


Ward  1. — Joshua  Dyer, 

Daniel  M.  Thurston, 
Peter  Mugford. 

2. — Moses  Russell, 
Hosea  Harford, 
James  Crie. 

3.— William  D.  Little, 
Caleb  S.  Carter, 
Thomas  Cummings." 

4.— William  E.  Kimball, 
Joseph  R.  Lufkin, 
Moses  Merrill. 


Ward  5. — ^Eleazer  McKenney, 
George  Worcester, 
Eli  Webb. 

6.— John  Bradford, 
Nathaniel  O.  Cram, 
Edwin  A.  Norton. 

7.— Alvah  Libby, 
Hiram  Brooks, 
Peter  Bolton. 

John  H.  Willlams,  Clerk. 


1850. 

mayor. 

JAMES  B.  CAHOON. 


ALDER\rEX. 


Ward  1.— Steph.  Frothingham, 
2.— E.  C.  Stevens, 
3.— Charles  E.  Barrett, 
4. — J.  B.  Cummings, 


Ward  5. — S.  R.  Lyman, 
6. — Alvah  Conant, 
7. — ^Edward  Fox. 


common  COUNCIL. 

WILLIAM  D.  LITTLE,  President. 


Ward  1.— Simeon  Skillings,  3d, 
Eliphalet  Webster, 
William  G.  Kimball. 


2.- 


-Hosea  Harford, 
James  Crie, 
Moses  Russell. 


3.— William  D.  Little, 
Thomas  Cummings, 
Thomas  Warren. 

4. — Moses  Merrill, 

William  E.  Kimball, 
Calvin  Gilson. 


Ward  5. — George  Worcester, 
Eleazer  McKenney, 
Charles  Blake. 


6.— N.  O.  Cram, 
John  Bradford, 
Jedediah  Jewett. 

7.— Thomas  W.  O'Brien, 
Hiram  Brooks, 
Nathan  Mayhew. 

John  H.  Willlims,  Clerk. 


614 


APPENDIX. 


1851. 

MAYOR. 

NEAL  DOW. 

ALDERMEN. 


Ward  1. — Stepli.  Frothingham, 
2. — George  Pearson, 
3. — Samuel  Chase, 
4. — J.  B.  Cummings. 


Ward  5. — Charles  Jones, 

6.— Wm.  W.  Thomas, 
7. — Hiram  Brooks. 


COMMON  COUNCIL. 


Ward  1. 


2.- 


WILLIAM  G.  KIMBALL,  President. 

Ward  5. — James  E.  Robinson, 
Veranus  C.  Hanson, 


-Simeon  Skillings,  3d. 
William  Hoit, 
S.  B.  Beckett. 


-William  I.  Cross, 
Joseph  R.  Brazier, 
Moses  Russell. 

-*Bradbury  Dearborn, 
Henry  Nowell, 
Daniel  Plummer. 

-Moses  Merrill, 
Joseph  Ring, 
William  Cammett. 


Hanson  M.  Hart. 

6. — Jedediah  Jewett, 
John  Bradford, 
William  G.  Kimball. 

7.— John  W.  Rand, 
Nathaniel  Walker, 
•    J.  S.  Palmer. 

John  H.  Willia:ms,  Clerk. 


1852. 


MAYOR. 

ALBION  K.  PAERIS. 


Ward  1. — ^Robert  Dresser, 
2. — George  Pearson, 
3.— W.  P.  Smith, 
4. — James  Furbish, 


aldermen. 

Ward  5.- 
6.- 

7.- 


COMMON  COUNCIL. 


-Hezekiah  Winslow, 
-Jacob  McLellan, 
-J.  S.  I*almer. 


CHARLES  B.  SMITH,  President. 


Ward  1. — John  Chase, 

John  H.  Short, 
L.  D.  Mason. 

2.— H.  Bailey, 
Joseph  Hay, 
J.  R.  Brazier. 

3. — John  Yeaton, 
C.  C.  Harmon, 
Charles  Holden. 

4. — Joseph  Ring, 
Calvin  Gilson, 
Charles  D.  Bearce. 


Ward  5. — P.  Fox  Varnum, 
Charles  B.  Smith, 
Ezra  Russell. 

6. — Nathaniel  Warren,* 
Edwin  Churchill, 
Abiel  Somerby, 
Charles  H.  Haskell. 

7.— John  W.  Rand, 

Charles  H.  Lovejoy, 
F.  Seymour  Nichols. 

John  H.  Williams,  Clerk. 


^Resigned,  and  Mr.  Haskell  elected  to  vacancy. 


CATALOGUE  OF  CITY  GOVERNMENT. 


615 


1853. 

MAYOR? 

JAMES   B.    CAHOON. 


ALDEKMEN. 


Ward  1. — Samuel  L.  Carletoa, 
2. — George  Pearson, 
3.— Geo.  W.  Woodman, 
4.— Rufus  E.  Wood, 


Ward  5.— O.  L.  Sanborn, 
G.^Tacob  McLellan, 
7. — Jonas  Perley. 


COMMON  COUNCIL. 


Ward  1. — Emery  Cashing, 
Moses  G.  Dow, 
Sewall  MitcheU. 

2. — Samuel  Blanchard, 
Joseph  Hay, 
Thomas  P.  Sweetsir. 


3.— William  E.  Kimball, 
William  C.  Means, 
Daniel  Green. 

4. — Joseph  Ring, 
James  Todd, 
George  Lord. 


EDWARD  P.   GERRISH,  President. 

Ward  5.— Ezra  Russell, 


Albion  Witham, 
Charles  B.  Merrill. 

6. — Rufus  Horton,' 
Nathaniel  Ross, 
Edward  P.  Gerrish. 

7.— N.  P.  Cushman, 
Marshall  Rood, 
Charles  H.  Green. 

John  H.  Williams,  Clerk. 


18o4. 


mayor. 
JAMES   B.    CAHOON. 


ALDERMEN. 


Ward  1.— Samuel  L.  Carlton, 
2. — Henry  A.  Jones, 
3.— Geo.  W.  Woodman, 
4.— Rufus  E.  Wood, 


Ward  5.— O.  L.  Sanborn, 
6. — N.  Cummings, 
7. — Hiram  Brooks. 


COiOION  COLTfCIL. 

HENRY  C.   BABB,  President. 


Ward  1. — Henry  Robinson, 
Sewall  Mitchell, 
Henry  C.  Babb. 

2. — Samuel  Blanchard, 
Rufus  Beal, 
George  W.  Brown. 


3.- 


-Wm.  C.  Means, 
N.  J.  Gilman, 
Daniel  Green. 


4. — James  Todd, 
Joseph  Ring, 
James  S.  Marrett. 


Ward  5. — Ezra  Russell, 

Charles  B.  Merrill, 
Albion  Witham. 

6. — Daniel  L.  Choate, 
George  Worcester, 
Augustus  E.  Stevens. 

7.— Sewall  C.  Chase, 
Charles  H.  Green, 
Denney  M.  C.  Dunn. 

John  T.  Hull,  Clerk. 


38 


61G 


APPENDIX. 


1855. 

MAYOR. 

NEAL   DOW. 

ALDERMEN. 


Ward  1. — Samuel  L.  Carleton, 
2. — Henry  A.  Jones, 
3. — ^Joseph  Libby, 
4. — Joseph  Ring, 


"Ward  5. — S.  J.  Anderson, 

6.— Wm.  W.  Thomas, 
7. — ^Hiram  Brooks. 


COMMON   COUNCIL. 

HEZEKIAH  PACKARD,  President. 


Ward  1. — Moses  G.  Dow, 
Henry  Robmson, 
Joseph  York. 

2.— R.  O.  Webster, 
Paul  Hall, 
George  W.  Brown. 


3.- 


-N.  J.  Gilman, 
Wm.  C.  Means, 
George  P.  Ayer. 


4. — James  Todd, 

James  S.  Marrett, 
Stephen  Emerson. 


Ward  5.— Eli  Webb, 

Ira  P.  Farrington, 
Wm.  P.  Stodder. 

6. — Daniel  L.  Choate, 
John  B.  Carroll, 
Hall  J.  Little. 

7. — Hezekiah  Packard, 
Thomas  Starbird, 
Charles  H.  Green. 

John  T.  Hull,  Clerk. 


1856. 


MAYOR. 

JAMES   T.  McCOBB. 

ALDERMEN. 


Ward  1.— S.  R.  Leavitt, 
2. — J.  R.  Brazier, 
3.— C.  C.  Harmon, 
4.— R.  E.  Wood, 


Ward  5. — S.  J.  Anderson, 
6.— N.  O.  Cram, 
7. — J.  S.  Palmer. 


COMMON  COUNCIL. 

CHARLES  HOLDEN,  President. 


Ward  1. 


-D.  W.  Fessenden, 
William  V.  Bowen, 
Joshua  F.  Weeks. 

2. — Joshua  Dyer, 
W.  H.  Purinton, 
Charles  H.  Warren. 

3. — Charles  Holden, 
Wm.  D.  Little, 
J.  W.  Russell. 

4. — Stephen  Emerson, 
James  Todd,  ' 
C.  H.  Adams. 


Ward  5.— A.  K.  Shurtleff, 

William  P.  Stodder, 
I.  P.  Farrinerton. 


-T.  A.  Roberts, 
C.  H.  Haskell, 
Hall  J.  Little. 


7.— Willard  Brackett, 
C.  H.  Stuart, 
Daniel  Garland. 


M.  F.  Whittier,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


617 


1857. 

MAYOR. 

WILLIAM   WILLIS. 


ALDEKVIEN. 


Ward  1.— S.  R.  Leavitt, 

2. — D.  W.  Fessenden, 
3.— N.  J.  Miller, 
4.— R.  E.  Wood, 


Ward  5. — E.  Trowbridge, 
6. — Rensalear  Cram, 
7. — Samuel  E.  Spring. 


COMMON  COUNCIL. 


H.  B.  HART,  President. 

Ward  1.— William  V.  Bowen,  Ward  5.— H.  B.  Hart, 

J.  F.  Weeks,  Nathaniel  Walker, 

Moses  Gould.  Henry  Willis. 


2. — Jonathan  M.  Heath, 
Samuel  Waterhouse,  Jr. 
Greorge  M.  Elder. 

3.— Benjamin  Fogg, 
Francis  Blake, 
D.  D,  Akerman. 

4. — James  Todd, 

Stephen  Emerson, 
C.  H.  Adams. 


6.— Stephen  Patten, 
Frederick  Hatch, 
Aretus  Shurtleff. 

7.— J.  N.  Morrill, 
L.  B.  Smith, 
John  P.  Lowell. 

M.  F.  Whittier,  Clerk- 


1858. 


MAYOR. 

JEDEDIAH  JEWETT. 


ALDERMEN. 


Ward  1.— William  V.  Bowen, 
2.— D.  W*.  Fessenden, 
3.— N.  J.  Miller, 
4. — James  Todd, 


Ward  5. — Mark  P.  Emery. 
6. — E.  McKenney, 
7. — Samuel  E.  Spring. 


COMMON  COUNCIL. 

LEWIS  B.   SMITH,  President. 


Ward  1.- 


-Moses  Gould, 
Emerj'  Cushing, 
Georsre  W.  Beal. 


2. — Jonathan  M.  Heath, 
Samuel  Waterhouse, 
George  M.  Elder. 


Jr. 


3. 


4.- 


-Benjamin  Fogg, 
Francis  Blake, 
D.  1).  Akerman. 

-C.  H.  Adams, 
Stephen  Emerson, 
J.  D.  Seavy. 


Ward  5.- 


-Stevens  Smith, 
N.  A.  Foster, 
J.  S.  Boothby. 

-Frederic  Hatch,. 
A.  Shurtlefl; 
E.  P.  Banks. 

-J.  N.  Morrill, 
Lewis  B.  Smith, 
Levi  Weymouth. 


J.  T.  Hull,  Clerk. 


618 


APPENDIX. 


1859. 

MAYOR. 

JEDEDIAH   JEWETT. 


ALDEmiEN. 


Ward  1.— William  Curtis, 

2. — Daniel  W.  Fessenden, 
3. — J.  K.  Thompson, 
4, — James  Todd, 


Ward  5. — Mark  P.  Emery, 

6. — Eleazer  McKenney, 
7. — Hiram  Brooks. 


COMMON    COUNCIL. 

LEWIS  B.  SMITH,  President. 


Ward  1. 


-George  W.  Beal, 
Emery  Gushing, 
William  A.  Winship, 

-Gharles  M.  Plummer, 
William  G.  How, 
Samuel  Waterhouse. 


3.-^D.  D.  Akerman, 

Samuel  W.  Larrabee, 
William  L.  Alden. 

4. — James  D.  Seavey, 
B.  F.  Chadbourn, 
Samuel  S.  Webster. 


Ward  5. — Stevens  Smith, 
N.  A.  Foster, 
John  Lynch. 

6-— William  W.  Thomas, 
John  W.  Lane, 
G.  A.  Ghurchill, 

7. — ^Levi  Weymouth, 
Lewis  B.  Smith, 
John  W.  Rand. 

Gyrus  Noavell,  Clerk. 


1860. 


mayor. 
JOSEPH   HOWARD. 


ALDERMEN. 


'Ward  L — Emery  Gushing, 
2.— J.  W.  Dyer, 
3. — J.  R.  Thompson, 
4. — Samnel  Trask, 


Ward  5.— Gharles  P.  Kimball, 
6.— H.  J.  Libby,  ' 
7.— J.  S.  Palmer. 


common  council. 
O.  M.  MARRETT,  President. 


Ward  1. — George  W.  Beal, 
George  Trefethen, 
H.  G.  Lovell. 


2. — John  Barbour, 
E.  D.  Ghoate, 
Samuel  Rounds. 


3.— S.  W.  Larrabee, 
John  Lynch, 
Otis  Cutler. 


4.- 


-W.  L.  Putnam, 
Thomas  Parker, 
B.  F.  Chadbourn. 


Ward  5.— E.  G.  Bolton, 
Ezra  Russell, 
O.  M.  Marrett. 

6.— William  W.  Thomas,      , 
John  W.  Lane, 
George  A.  Churchill. 

R.  M.  Richardson, 
Simeon  Shurtleff, 
Gharles  H.  Stuart. 

D.  H.  Ingraiiam,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


619 


1861. 

MAYOR. 

WILLLAjVI   W.   THOMAS. 


ALDERMEN. 


Ward  1. — Moses  Gould, 

2.— John  E.  Donnell, 
3.— S.  W.  Larrabee, 
i. — Samuel  Trask, 


Ward  5.— Charles  P.  KimbaU, 
6. — Edward  Hamblen, 
7. — Levi  Weymouth. 


COMMON  COUNCIL. 

HENRY  FOX,  President. 


Ward  1.— George  Trefethen, 

William  A.  Winship, 
Daniel  Brown. 

2.— Dorvill  Libby, 

Charles  H.  Osgood, 
Rufus  Beal. 


3. — John  Lynch, 
James  Bailey, 
John  True. 


-W.  L.  Putnam, 
George  H.  Chadwick, 
Sewell  Waterhouse. 


Ward  5. — Orland  M.  Marrett, 
Gardner  Ludwig, 
Charles  W.  Strout. 

6. — Thomas  A.  Roberts, 
Henry  Fox. 
Benjamin  Stevens,  Jr. 

7. — Jonathan  H.  Fletcher, 
Risworth  Rich, 
William  H.  Stewart. 

Ira  J.  Batchelor,  Clerk. 


1862. 


MAYOR. 

WILLLOI  W.  THOMAS. 


ALDERMEN. 


Ward  1.— Moses  Gould, 
2.— R.  C.  Webster, 
3.— S.  W.  Larrabee, 
4. — William  L.  Putnam, 


Ward  5.— A.  K.  Shurtleff, 

6. — Thomas  R.  Jones, 
7.— D.  H.  Furbish. 


COMMON  COUNCIL. 

HENRY  FOX,  President. 


Ward  1.— William  A.  Winship, 
Increase  Pote, 
Daniel  Brown. 

2.— C.  H.  Osgood, 
Rufus  Beal, 
Dorville  Libby. 

3. — James  Bailey, 
John  True, 
Charles  Holden. 

4.— George  H.  Chadwick, 
James  McGlinchy, 
Sewall  Waterhouse. 


Ward  5. — Gardner  Ludwig, 
E.  H.  Da^'ies, 
Henry  Trickey. 

6. — Henry  Fox, 

Benjamin  Stevens,  Jr. 
T.  E.  Twitchell. 

Ward  7.^William  H.  Stewart, 
Samuel  E.  Spring, 
J.  H.  Fletcher. 

Ira  J.  Batchelor,  Clerk. 


620 


APPENDIX. 


1863. 

MAYOR. 

JACOB   McLELLAN. 


ALDERMEN. 


Ward  1. — George  W.  Beal, 
2.— F.  C.  Moody, 
3.— S.  W.  Larrabee, 
4. — Benjamin  Larrabee,  2d, 


Ward  5. — Stevens  Smith, 
6.— F.  G.  Messer, 
7.— William  H.  Stewart. 


COMMON  COUNCIL. 

THOMAS  E.  TWITCHELL,  President. 


Ward  1. — Increase  Pote, 
William  Brown, 
J.  D.  Snowman. 

2.— S.  Whitmore, 
Henry  L.  Paine, 
Samuel  Waterhouse. 

3.. — Charles  Holden, 
John  True, 
James  Bailey. 

4. — James  McGlinchy. 
J.  H.  Harmon, 
C.  H.  Fling. 


Ward  5.— Gilbert  L.  Bailey, 
Edmund  Phinney, 
George  L.  Storer. 


6.- 


-T.  E.  Twitchell, 
J.  II.  Hamlen, 
T.  E.  Stewart. 


7.— 0.  K.  Ladd, 

Joseph  Johnson, 
Brown  Thurston. 

Ira  J.  Batchelor,  Clerk. 


1864. 

mayor. 

JACOB   McLELLAN. 


ALDERMEN. 


Ward  1.— George  W.  Beal, 

2. — Franklin  C.  Moody, 
3. — John  E.  Donnell, 
4. — John  G.  Hayes, 


Ward  5. — Stevens  Smith, 
6.— F.  G.  Messer, 
7.— Wm.  H.  Stewart. 


COMMON  COUNCIL. 

JAMES  H.  HAMLIN,  President 


Ward  I. — Increase  Pote, 
Wm.  Brown, 
J.  D.  Snowman. 


2.- 


-S.  Whittemore, 
Jere  Howe, 
Wm.  G.  Soule. 


3. — John  T.  Gilraan, 
C.  H.  Burr, 
Cyrus  Nowell. 

4. — A.  P.  Morgan, 
C.  A.  Gilson, 
Edwin  Clemens. 


Ward  5.— G.  L.  Storer, 

Gilbert  L.  Bailey, 
Edmund  Phinney. 

6.— J.  H.  Hamlen, 
T.  E.  Stewart, 
Eben  Corey. 

7.— C.  K.  Ladd, 

Joseph  Johnson, 
Brown  Thurston. 

Ira  J.  Batchelor,  Clerk. 


CATALOGUE  OF  CITY  GOVERXMEXT. 


621 


1865. 

MAYOR. 

JACOB   McLELLAN, 


ALDERMEN. 


Ward  1.— Thomas  S.  Jack, 

2. — Stephen  Whitteraore, 
3. — John  E.  Donnell, 
4.— A.  P.  Morgan, 


Ward  5. — ^Edmund  Phinney, 
6.— Wm.  Ia  Southard, 
7. — George  F.  Foster. 


COMMON  COUNCIL. 

GILBERT  L.  BAILEY,    President.- 


Ward  1. — Joseph  S.  York, 
Charles  Bailey, 
John  J.  Gerrish, 

2. — Jere  Howe, 

George  G.  Soule, 
C.  M.  Rice. 

3. — Cyrus  No  well, 
C.  H.  Burr, 
Daniel  Pluramer. 

4. — Charles  A.  Gilson, 
W.  C.  Robinson, 
Joseph  Bradford. 


Ward  5.— Gilbert  L.  Bailey, 

Thomas  F.  Cummings, 
A.  P.  Fuller. 

6.— Eben  Corev, " 

E.  P.  Gerrish, 
Charles  Staples,  Jr., 

7. — Ambrose  Giddings, 

F.  W.  Clark, 
John  M.  Brown. 

Ira  J.  Batchelder,  Clerk. 


1866. 


MAYOR. 

AUGUSTUS   E.    STEVENS. 


ALDERMEN. 


Ward  1.— Thomas  S.  Jack, 

2. — Stephen  Whittemore, 
3. — Charles  Holden, 
4. — A.  P.  Mororan, 


Ward  5. — Edmund  Phinney, 
6.— Wm.  L.  Southard, 
7. — Ambrose  Giddings. 


COM3ION  COUNCIL. 

CHARLES  M.  RICE,  President. 


Ward  1.- 


J.  J.  Gerrish, 
J.  S.  York, 
J.  W.  Brackett. 


2— C.  M.  Rice, 

D.  W.  Fessenden, 
S.  H.  Colesworthy, 

3. — Daniel  Plummer, 
J.  B.  Mathews, 
Augustus  D.  Marr. 

4.— C.  A.  Gilson, 
W.  C.  Robinson, 
Joseph  Bradford. 


Ward  5.— A.  P.  Fuller, 
Wm.  Gray, 
W.  P.  Files. 

6.— E.  P.  Gerrish, 

Charles  Staples,  Jr., 
C.  R.  Milliken. 

7.— F.  W.  Clark, 
Wm.  H.  PhilUps, 
Elias  Chase. 

Ira  J.  Batchelor,  Clerk. 


622 


APPENDIX. 


1867. 

MAYOR. 

AUGUSTUS   E.    STEVENS. 


ALDERMEN. 


Ward  1. — Russel  Lewis, 

2. — Charles  M..Rice, 
3. — Wm.  Deeringj 
4.— C.  A.  GHson, 


Ward  5. — Gilbert  L.  Bailey, 
6. — Thomas  Lynch, 
7. — Ambrose  Giddings. 


COMMON  COUNCIL. 

FRANKLIN  FOX,  President. 


Ward  L- 


-H.  H.  Burgess, 
J.  S.  Winslow, 
James  Knowlton. 


2.— S.  H.  Colesworthy, 
Franklin  Fox, 
George  W.  Green. 

3.— J.  B.  Mathews, 
Albert  Smith, 
J.  A.  Thompson. 

4. — Wm.  C.  Robinson, 
Joseph  Bradford, 
J.  C.  Shirley. 


Ward  5. — Wm.  Gray, 
W.  P.  Files, 
A.  D.  Marr. 


-C.  R.  Milliken, 
A.  P.  Fuller, 
Frederic  N.  Dow. 


7. — Elias  Chase, 
W.U.  Phillips, 
Wm.  E.  Gould. 


F.  A.  Gerrish,  Clerk. 


1868. 


MAYOR. 

JACOB   McLELLAN. 


aldermen. 


Ward  1. — Russell  Lewis, 
2. — Samuel  Rounds, 
3. — ^William  Deering, 
4. — Ezra  Carter,  Jr. 


Ward  5. — Albert  Maverick, 

6. — Francis  Fessenden, 
7.— William  E.  Gould. 


COMMON  COUNCIL. 

GEORGE  A.   WRIGHT,  President. 


Ward  1.- 


-Henry  H.  Burgess, 
Jacob  S.  Winslow, 
James  Knowlton. 


2.— John  W.  Swett, 
Michael  Lynch, 
William  Goold. 

3. — John  A.  Thompson, 
Albert  Smith, 
James  Noyes. 

4. — James  H.  Harmon, 
George  H.  Chad  wick, 
Charles  McCarthy,  Jr. 


Ward  5. — Augustus  D.  Marr, 
Joseph  K.  Merrill, 
Marquis  F.  King. 

6.— Fred  N.  Dow, 

George  A.  Wright, 
Charles  E.  Jose. 

7. — John  F.  Leavitt, 
Cullen  C.  Chapman, 
William  A.  Winship. 

F.  A.  Gerrish,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


623 


1869. 

MAYOR. 

WILLIA3I   L.   PUTNAM. 


ALDERMEN. 


Ward  1.— William  Curtis, 
2. — Samuel  Rounds, 
3. — Daniel  Plummer, 
4. — Ezra  Carter, 


Ward  5. — George  P.  Wescott, 
6.— Ge6rge  A.  Wright, 
7.— Sewall  C.  Strout.  • 


COMMON  COUNCIL. 

JAMES  H.  HARMON,  President. 


Ward  1. — Charles  Merrill, 
Johu  H.  Gaubert, 
.    John  O.*  Rice. 

2.— John  W.  Swett, 
William  Gould, 
James  Quinn. 

3. — James  Noyes, 
Eben  A.  Sawyer, 
Joseph  H.  Coffin. 

4. — James  H.  Harmon, 
Charles  McCarthy,  Jr. 
Edward  H.  Daveis. 


Ward  5.— Robert  B.  Henry, 

Joseph  M.  Plummer, 
George  A.  Walden. 

6. — Charles  E.  Jose, 
Richard  O.  Conant, 
Frederick  Fox. 


7. — James  M.  Kimball, 
Henry  Thing, 
Paschal  B.  Bailey. 

George  L.  Swett,  Clerk. 


1870. 


MAYOR. 

BENJAJMIN   KINGSBURY,   JR. 


ALDERMEN. 


Ward  1. — William  Curtis, 

2.— Timothy  B.  Tolford, 

3. — ^William  Senter, 

4. — Charles  McCarthy,  Jr. 


Ward  5. — George  P.  Wescott, 
6. — James  Bailey, 
7. — William  A.  Winship. 


COMMON  COUNCIL. 

FREDERICK  FOX,  President. 


Ward  1. 


-Charles  Merrill. 
John  O.  Rice, 
James  Cunningham. 


2. — William  H.  Simonton, 
John  W.  Swett, 
Francis  B.  Barr. 

3. — Lorenzo  Taylor, 

William  P.  Hastings, 
Joseph  F.  Laud. 

4. — Edward  H.  Daveis, 
Leander  Stevens, 
Orrin  S.  Fogg, 


Ward  5. — George  H.  Waldron, 
Abner  O.  Shaw, 
Charles  B.  Nash, 

6. — Richard  O.  Conant. 
Frederick  Fox, 
Isaac  Jackson. 

7. — John  F.  Leavett, 
Charles  C.  Tolman, 
James  E.  Haseltine. 

Benjamin  Barnes,  Jr.  Clerk. 


624 


APPENDIX. 


1871. 


BENJAMIN   KINGSBURY,  JR. 


Ward  1. — Charles  Merrill. 

2. — William  H.  Simonton, 

3. — William  Senter, 

4. — Charles  McCarthy,  Jr. 


ALDERMEN. 

Ward 


5. — Marquis  F.  King, 

6. — Eben  Corey. 

7. — William  A.  Winship. 


COUNCIL   COUNCIL. 

JAMES  E.   HAZELTINE,  President. 


Ward  1.- 


-James  Cunningham, 
John  H.  Gaubert, 
Charles  Stanwood. 


2.— John  W.  Swett, 
William  McAleney, 
Eugene  F.  Austin. 

3. — Charles  Holden, 

William  H.  Josselyn, 
Samuel  S.  Rich. 

4. — Edward  H.  Daveis, 
Orrin  S.  Fogg, 
Seth  C.  Gordon. 


Ward  5. — Abner  O.Shaw, 
Micah  Sampson, 
Lyman  N.  Kimball. , 

6. — Isaac  Jackson, 

William  H.  Fesseuden, 
Edwin  Clement. 

7.— Charles  C.  Tohnan, 
James  E.  Haseltine, 
Frederick  W.  Clark. 

Benjamin  Barnes,  Jr.,  Clerk. 


1872. 


MAYOR. 

BENJAMIN   KINGSBURY, 


JR. 


aldermen. 


Ward  1.— Joseph  S.  York, 

2.— George  C  Littlefield, 
3. — William  H.  Josselyn, 
4. — Charles  McCarthy,  Jr. 


Ward  5. — Marquis  F.  King, 
6. — Eben  Corey, 
7. — William  A.  Winship. 


COMMON  COUNCIL. 

WILLIAM  H.  FESSENDEN,  President. 


Ward  1.— John  F.  Randall, 
Henry  P.  Dewey, 
Edward  N.  Greely. 

2.— Edward  Thurston, 
Augustus  F.  Cox, 
Hiram  H.  Rich. 

3.— Samuel  S.  Rich, 
William  L.  L.  Gile, 
Alphonso  Brunei. 

4. — Edward  H.  Daveis, 
John  Yeaton, 
Tho  mas  A.  Foster. 


Ward  5. — Micah  Sampson, 

Lyman  N,  Kimball, 
Ezra  N.  Perry. 

6. — ^Edwin  Clem  cut, 

William  H.  Fesseuden, 
Henry  C.  Newhall. 

7. — Frederick  j\{ .  Clark, 
Stephen  R.  Small, 
Chauncy  Barrett. 

Benjamin  Barnes,  Jr.,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


Q2o 


1873. 

MAYOR. 

GEORGE   P.   WESCOTT. 


ALDERMEN. 


Ward  1.— Joseph  S.  York, 
2._William  Goold, 
3. — Zemro  A.  Smith, 
4.— Edward  H.  Davis, 


Ward  5. — Micah  Sampson, 
6. — Edwin  Clement. 
7. — Frederick  W.  Clark. 


COMMON  COUNCIL. 

STEPHEN  R.  SMALL,  President. 


Ward  I.— John  F.  Randall, 
EdvVard  N.  Greely, 
Charles  E.  Trefethen. 

2. — William  McAleney, 
Moses  Y.  Knight, 
Angus  J.  McMahon. 

3. — Edward  Thurston, 
Alphonso  Brunei, 
Oren  B.  Whitten, 

4. — Samuel  F.  Merrill, 
Harris  W.  Gage, 
John  S.  Russell. 


Ward  6.— Ezra  N.  Perry, 
Stephen  Marsh, 
Thomas  A.  Roberts. 

6. — Henry  Fox, 

Frederick  F.  Hale, 
Payson  Tucker. 


7.- 


-Stephen  R.  Small, 
Daniel  W.  Nash, 
William  H.  Green. 


Benja:viin  Barnes,  Jr.,  Clerk. 


1874. 


MAYOR. 

GEORGE   P.    WESCOTT. 


ALDERMEN. 


Ward  1. — John  J.  Gerrish, 
2.— William  Goold, 
3. — Zemro  A.  Smith, 
4. — Edward  H.  Daveis, 


Ward  6. — Micah  Sampson, 
6. — Edwin  Clement, 
7. — Frederick  W.  Clark. 


COMMON    COUNCIL. 

STEPHEN  R.  SMALL,    President. 


Ward  1.— Charles  E.  Trefethen, 
William  E.  Dennison, 
Rensselaer  Greely.    , 

2. — William  McAleney,  • 
Augustus  J.  McMahon, 
Leonard  Pennell. 

3. — ^Edward  Thurston, 
Alphonso  Brunei, 
Oren  B.  Whitten. 

4. — Samuel  F.  Merrill, 
Hanno  W.  Gage, 
David  D.  Hannegan. 


Ward  5. — Ezra  N.  Perry, 
Stephen  Marsh, 
Thomas  A.  Roberts. 

6. — Henry  Fox, 

Frederick  F.  Hale, 
Lemuel  M.  Lovejoy. 

7.— Stephen  R.  Small, 
Daniel  W.  Nash, 
William  H.  Green. 

Benjamin  Barnes,  Jr.,  Clerk. 


626 


APPENDIX. 


1875. 

MAYOK, 

ROSWELL  M.    RICHARDSON. 


ALDERMEN. 


Ward  1. — John  J.  Gerrish, 

2.— John  B.  Littlefield, 
3.' — Afphonso  Brunei, 
4. — Hanno  W.  Gage, 


Ward  5. — Ezra  N.  Perry, 
6. — Henry  Fox, 
7. — Samuel  Waterhouse. 


COMMON  COUNCIL. 


FKEDERICK  F. 

Ward  1. — Renssalaer  Greely, 

William  E.  Dennison, 
Horace  H.  Shaw. 


2. — James  Cunningham, 
Augustus  J.  McMahon, 
Leonard  Pennell. 

3. — John  Cammett, 

William  W.  Roberts, 
Lyman  W.  Cousens. 


4.- 


-David  D.  Hannegan, 
John  S.  Russell, 
Isaac  D.  Cushman. 


HALE,  President. 

Ward  5. — Charles  Walker, 

James  W.  Plaisted, 
George  A.  Harmon. 

6.— Frederick  F.  Hale, 
Lemuel  M.  Lovejoy, 
Cyrus  L.  Gallison. 

7 — William  T.  Small, 
Albert  Q.  Leach, 
Harrison  B.  Brown. 

Benjamin  Barnes,  Jr.,  Clerk. 


1876. 

MAYOR. 

FRANCIS   FESSEKDEN. 


aldermen. 


Ward  1. — Renssalaer  Greely, 
2.— John  B.  Littlefield, 
3. — ^Lorenzo  Taylor, 
4. — Isaac  D.  Cushman. 


Ward  5. — Ezra  N.  Perry, 
6. — Henry  Fox, 
7. — Samuel  Waterhouse. 


COMMON  council. 

WILLIAM  T.   SMALL,  President. 


Ward  1. — William  E.  Dennison, 
James  Knowlton, 
John  E.  Noyes. 

2. — James  Cunnigham, 
William  H.  Sargent, 
John  Gooding,  Jr. 

3. — Lyman  M.  Cousens, 
John  Cammett, 
William  W.  Roberts, 

4. — David  D.  Hannegan, 
John  S.  Russell, 
Benjamin  F.  Andrews. 


Ward  5. — Charles  Walker, 
Stephen  Marsh, 
Nathan  E.  Redlon. 

6. — Cyrus  L.  Gallison, 
Benjamin  C.  Somerby, 
Albion  Little. 

7.— William  T.  Small, 
Albert  Q.  Leach, 
Harrison  B.  Brown. 

Benjamin  Barnes,  Jr.,  Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


627 


1877. 

MAYOR. 

MOSES   M.   BUTLER. 


ALDERMEN. 


Ward  1. — Renssalaer  Greely, 
2. — James  Cuimingham, 
3. — Alphouso  Brunei, 
4. — Isaac  D.  Cushman, 


Ward  5.— Charles  Walker, 

6 — James  E.  Haseltine, 
7.— WilUam  T.  Small. 


COMMON  COUNCIL. 

ALBION  LITTLE,  President. 


Ward  1. — James  Knowlton, 
John  E.  Noyes, 
Edward  H.  Sargent, 

Ward  2.— William  H.  Sargent, 
John  Gooding,  Jr. 
George  H.  Coyle. 

3 William  W.  Latham, 

Albert  Smith, 
Robert  L,  Morse, 

4. — Benjamin  F.  Andrews, 
James  L.  Hayden, 
Charles  F.  Swett. 


Ward  6.— Nathan  E.  Redlon, 
Hanson  S.  Clay, 
Leonard  Jordan. 

6.— Albion  Little, 

Thomas  H.  Haskell, 
James  E.  Sturges, 

7. — Charles  J.  Chapman, 
Sumner  Libby, 
Ashbel  Chaplin. 

L.  Clifford  Wade,  Clerk. 


1878. 

mayor. 

MOSfiS   M.   BUTLER. 


ALDERMEN. 


Ward  1.— Reuel  S.  Maxcy, 

2. — James  Cunningham, 
3. — Alphonso  Brunei, 
4. — Isaac  D.  Cushman, 


Ward  5. — Hanson  S.  Clay, 

6. — James  E.  Haseltine, 
7.— WiUiam  T.  Small. 


COMMON  COUNCIL. 

CHARLES  J.   CHAPMAN,  President. 


Ward  1.— Edward  H.  Sargent, 
Samuel  Thurston, 
laac  Hamilton. 

2.— George  H.  Coyle, 
William  Mclaugh, 
Emery  S.  Ridlon. 

3.— William  W.  Latham, 
Albert  Smith, 
Robert  L.  Morse. 

4. — Benjamin  F.  Andrews, 
Dennis  Tobin, 
Charles  F.  Swett. 


Ward  5. — Leonard  Jordan, 
James  H.  Hall, 
Simon  A.  Dyer. 

6.— Thomas  H.  Haskell, 
James  E.  Sturgis, 
Jacob  W.  Robinson. 

Ward  7. — Charles  J.  Chapman, 
Sumner  Libby, 
Ashbel  Chaplin. 


L.  Clifford  Wade,  Clerk. 
I 


628 


APPENDIX. 


1879. 

MAYOR. 

GEORGE   WALKER. 


ALDERMEN. 


Ward  1.— Albert  H.  Waite, 
2. — James  Cunningham, 
3.— Albert  Smith,* 
4. — Benjamin  F.  Andrews. 


Ward  5. — Hanson  S.  Clay, 

6. — Perez  B.  Biirnham, 
7.— William  T.  Small. 


COMMON   COUNCIL. 

CHARLES  J.    CHAPMAN,  President. 


Ward  1. — Sumner  Barbour, 
Thomas  H.  Gately, 
Nathaniel  Haskell. 

2. — George  H.  Coyle, 
William  Mclaugh, 
George  W.  Rice. 


3.— John  C.  Tukesbury, 
Willard  C.  G.  Carney, 
George  H.  Abbott. 


4, — Montgomery  S.  Gibson, 
James  E.  Trickett, 
John  G.  Fitzgerald. 


Ward  5.— James  H,  Hall, 
Simon  A.  Dyer, 
Aurin  L.  Dresser. 

6. — Jacob  W.  Robinson, 
William  M.  Marks, 
Charles  D.  J3.  Fisk. 

7. — Charles  J.  Chapman. 
Sumner  Libby. 
Ashbel  CJiaplin. 

L.  Clifford  Wade,  Clerk. 


1880. 


MAYOR. 

WILLIAM   SENTER. 


ALDERMEN. 


Ward  1. — ^Edward  H.  Sargent, 
2. — Thomas  Hassett, 
3. — Lorenzo  Taylor, 
4. — Benjamin  Andrews, 


Ward  5. — John  W.  Deering, 
6. — Albion  Little, 
7. — Charles  J.  Chapman. 


COMMON  COUNCIL. 

CHARLES   D.   B.  FISK,  President. 


Ward  1. — Samuel  Thurston, 
William  G.  Soule, 
Richard  K.  Gatley. 

2.— Edward  Duddy, 
Arthur  H.  Harding, 
Daniel  M.  Mannix. 

3.— John  C.  Tukesbury, 
Willard  C.  G.  Carney, 
George  H.  Abbott. 

4. — James  E.  Fickett, 
Henry  I.  Nelson, 
Edward  A.  Jordan. 

*  Died  May  4th,  Lorenzo  Taylor  elected  May  19th,  to  fill  vacancy. 


Ward  5.— James  H.  Hall, 
Jairus  Talbot, 
Whitman  Sawyer. 

6.— William  M.  Marks, 
Charles  D.  B.  Fisk, 
Sylvester  Marr. 

7. — Holman  S.  Melcher, 
Thomas  J.  Little, 
William  H.  Pennell. 

L.  Clifford  Wade,   Clerk. 


CATALOGUE  OF  CITY  GOVERNMENT. 


629 


188].. 

MAYOR. 

WILLIAM   SENTER. 


HOSEA  I.   ROBINSON,  City  Clerk. 

ALDERMEN. 

CHARLES  J.    CHAPMAN,  Chairman, 


Ward  L— Edward  H.  Sargent, 
2. — Thomas  Hassett. 
3. — John  C.  Tukesbury. 
4. — Edward  B.Winslow, 


Ward  5. — John  W.  Deering, 
6. — Albion  Little. 
7. — Charles  J.  Chapman. 


COMMON  COUNCIL. 

SAMLTEL  THURSTON,  President. 


Ward  1. — Samuel  Thurston, 
William  G.  Soule, 
Richard  K.  Gately. 

2.— Edward  Duddy, 
John  V.  Bradley, 
Robert  M.  Gould. 

3. — Augustus  H.  Prince, 
Horatio  Clark, 
Samuel  B.  Kelsey. 

4. — Charles  M.  Cushman, 
William  McAleney, 
John  Sullivan,  Jr. 


Ward  5.- 


-  Whitman  Sawyer, 
Jarius  Talbot. 
James  F.  Hawkes. 


6. — Sylvester  Marr, 
Thomas  Shaw, 
Charles  D.  Brown. 

7. — Holman  S.  Melcher, 
William  H.  Pennell, 
Stephen  B.  Winchester. 

L.  Clifford  Wade,  Clerk. 


City  Clerks  of  Portland. 

Names.  Terms  of  Office. 

Joseph  Pope, -  1832,  to  1841. 

Albert  Smith, 1842. 

Amos  Nichols, 1843. 

William  Boyd,     -        -        - 1844,  to  1855. 

James  Merrill, 1856. 

WilUam  Boyd, 1857,  to  1859. 

James  Todd, 1860. 

Jonathan  N.  Heath, 1861,  to  1868. 

George  C.  Hopkins, 1869. 

Hosea  I.  Robinson, 1870,  to  1881. 


INDEX. 


INDEX 


ABSENTEES  from  school,  provisions  respecting,  432.     See  Traants. 
ABUSED  and  neglected  children.     See  Children,  110. 
ACCOUNTS,  committee  on,  182.     See  Finance. 
ACTIONS.     See  Elections,  169.  • 

See  Fire  Department,  190-192. 

See  Gunpowder,  224. 

See  Steam,  458. 

See  Streets,  468-474,  475. 

See  Taxes,  527-530. 
ACTS,  to  confer  certain  powers  on  the  city  of  Portland,  25. 

anthorizing  the  city  to  aid  in  the  construction  of  the  Atlantic  and 
St.  Lawrence  Railroad,  363,  369,  379,  381,  384,  391. 

to  aid  Portland  and  Ogdensburg  Railroad  Company,  391. 

to  incorporate  Portland  Gas  Light  Company,  212,  218,  220. 

to  incorporate    Portland  and  Forest  Avenue  Railroad  Company, 
403,  409. 

general  railroad  acts,  409,  410,  411. 
ADULTERATED  food  or  liquors  not  to  be  sold,  256. 
AGENTS,  For  sale  of  liquor  appointed,  47. 

his  legal  status,  47,  note. 

compensation,  48. 

duty,  48. 

term,  48. 

vacancy  how  filled,  48. 

to  sell  to  whom,  48. 

bond  of,  48. 

certificate  of,  48. 

his  liquors  to  be  marked,  49. 

his  liquors  not  be  seized,  when,  49. 


634  INDEX. 

AGENTS,  his  adulterated  liquors  not  protected,  49. 

not  to  sell  minors,  or  Indians,  or  soldiers,  or  some  others,  49. 

violating  law  how  punished,  50. 

to  keep  record  of  sales,  50. 

penalty  for  not  keeping  record,  50. 

penalty  for  false  representations  to,  50. 

to  purchase  of  State  Commissioner,  50. 

penalty  for  not  so  purchasing  or  for  adulterating,  51. 

disposal  of  funds — ordinance,  51. 

to  keep  account  with  treasurer,  51. 

•  money  received  from,  how  appropriated,  51. 

balance  to  credit  of,  51. 
AGREEMENT  of  city  of  Portland  with  Atlantic  &  St.    Lawrence  Railroad 

Company,  386. 
ALDERMEN,*oard  of  to  consist  of  seven,  26. 

shall  not  receive  salary,  36. 

to  prepare  list  of  voters,  157. 

one  in  each  ward  to  be  elected,  32. 

to  be  elected  by  ballot,  32. 

to  hold  office  for  one  year,  32. 

shall  examine  copies  of  records  of  wards,  33. 
.    shall  notify  the  mayor  elect,  33. 

oaths  of  office,  33. 

shall  choose  a  chairman,  34. 

city  clerk  shall  be  clerk  of  the  board,  36. 

their  duties.     See    City  Charter,  Carriages,  Elections,  Fire,   Gun- 
powder,  Health,   Jurors,   Liquor  Agent,    Nuisances',   Riots, 
Streets. 
ALLEYS.     See  Bowling  Alleys,  Streets. 
ALMS   HOUSES.     See  Paupers. 
AMUSEMENTS,  penalty  for  exhibition  of  without  license,  53. 

licenses  and  regulations  for,  53.  " 

ANIMALS,  certain,  fast  driving  of  in  the  streets  prohibited,  489. 

not  to  run  at  large,  489. 

not  to  be  frightened,  489. 

not  to  go  upon  sidewalk,  489. 

with  wood  for  sale,  not  to  be  fed  in  street,  578. 
APPEAL,  for  damages  of  laying  new  streets.     See  Streets. 

to  supreme  court  respecting  drains,  &c.     See  Drains  and  Sewers. 


INDEX,  635 

APPRENTICES,  poor  children  may  be  bound  out  by  overseers  of  poor,  331, 

See  Paupers. 
APPROPRIATIONS,  when  expenditures  exceed,  notice  to  be  given,  138. 
AQUEDUCTS,  pipes  and  conduits,  in  certain  cases  exempt  from  taxation,  513. 
ASSEMBLIES,  public,  penalty  for  breaking  up,  55. 

egress  from,  55. 

duty  of  municipal  oflScers,  55,  56,  57. 
ASSESSMENT,  See  drains  and  sewers. 
ASSESSORS,  appointed  by  City  Council  27,  28.     See  Taxes. 

duties  as  to  births  and  deaths,  120. 
ASSIZE  of  Bread,  67. 

ASSISTANT  ASSESSORS,  appointed  by  city  council,  28. 
ATLANTIC  AND   ST.  LAWRENCE   R.  R.    See  Railroads. 

wharves.     See  harbor  of  Portland  and  Wharv^es. 
ATTACHMENT,  of  property  which  cannot  be  removed.     See  City  Clerk,  122. 

of  vessels  on  stocks.     See  City  Clerk,  123. 
ATTORNEY,  COUNTY.     See  Elections,  163. 
AUCTION,  goods  not  to  be  sold  at  on  street  without  authority,  60. 

lumber  obstructing  street  to  be  sold  at,  480. 
AUCTIONEERS,  to  be  licensed,  58. 

record  of  license  to  be  kept,  58. 

appeal  to  county  commissioners  in  case  refusal  to  license,  58. 

to  keep  account  of  goods  sold,  59. 

penalty  for  allowing  one  not  a  voter  in  town  to  act  under,  59. 

penalty  for  receiving  goods  of  minors,  59. 

as  to  sale  of  certain  real  estate,  59. 

penalty  for  permitting  any  one  to  sell  contrary  to  law,  59. 

exceptions  as  to  rules  of  officers,  60. 

fines  and  special  licenses,  60. 

not  to  sell  except  in  places  assigned,  60. 
AUDITOR,  city,  elected  annually,  113.     See  Sinking  Fund. 

to  give  bond,  113. 

case  of  death,  &c.,  successor  appointed,  lU. 

to  examine  vouchers,  «S;c.,  114. 

to  countersign  drafts,  114. 

committee  on  accounts  to  direct  auditor,  «S;c.  114. 

to  keep  books,  115. 

to  examine  all  bills  against  city,  &c.,  115. 

to  make  annual  estimates  and  statement  of  expenditures,  115. 

to  open  account  with  treasurer,  116. 


636  INDEX. 

AUDITOR,  duty  in  case  money  is  paid  in  advance,  on  contract,  114. 

not  over  five  hundred  dollars  to  be  paid  without  direction  of  commit- 
tee on  accounts,  114. 

to  examine  sealed  proposals,  &c.,  127. 
AWNINGS,  and  SHADES.    See  Streets. 
BACK  COVE  FLATS.     See  Streets,  498. 
BALLAST  not  to  be  thrown  into  harbor,  231,  233. 
BANKS,  real  estate  of,  where  taxed,  520. 

stock  of,  where  taxeil,  520., 

cashier  of,  to  exhibit  books,  521. 
BALLOT  BOX,  one  only  allowed.     See  Elections,  160. 
BARK.     See  Wood. 

BATHING,  so  as  to  be  exposed  to  view,  456. 
BELLS*    See  Carriages,  89. 

ringing  for  false  alarm  of  fire,  195. 

of  engines  in  Commercial  Street,  184. 
BILLIARD  ROOMS,  restrictions  upon,  73. 
BIRTHS,  record  of.     See  City  Clerk,  119. 
BLANK  BOOKS  AND  STATIONERY,  contracts  for,  138. 
BLASTING  ROCKS.     See  Streets,  483. 
BOARDS.     See  Lumber. 
BOARD  OF  ENGINEERS.     See  Fire. 
BOARD  OF  HEALTH,  256. 
BOARD  OF  TRADE,  may  appoint  pilots,  342. 

and  fix  compensation,  342. 
BOATS  AND  LIGHTERS,  to  be  marked  and  inspected,  61, 

penalty  for  using  unmarked,  or  falsely,  61. 

inspectors  of,  61. 

penalty  for  throwing  ballast  into  any  road  from,  61. 
BODY.     See  Health,  260,  274,  275.     See  Cemeteries,  93. 
BOND,  of  agent  for  sale  of  liquor,  48. 

of  person  licensed  to  keep  bowling  alley  or  billiard  room,  54. 

of  weigher  of  hay,  570. 

of  collector  of   taxes,  525. 
BONDS.     See  Finance,  184,  185. 

See  Railroads,  364,  367,  370,  389,  407. 
BONFIRE.     See  Fire  Department,  194. 
BOOKS,  for  school  children.     See  Schools,  439. 


INDEX.  637 

BOUNDARY  LINES  of  Portland,  63. 
perambulations  of,  64. 
monuments  to  be  erected  on,  64. 
disputed,  how  settled,  64. 
to  be  run  once  in  ten  years,  64. 
BOW  AND  ARROW.     See  Streets,  484. 
BOWLING  ALLEYS  and  billiard  rooms,  license  for,  53. 
penalty  for  keeping  without  license,  63. 
licenses,  ho^?,  granted,  54. 
bond  to  be  given,  54. 
bond  violated,  license  revoked,  64. 
penalty  for  violation,  54. 
BOXES.     See  Streets,  495, 
BRAKEMEN.     See  Streets,  491. 
BREAD,  assize  of,  67. 
BRICKS,  burning  of,  in  parts  of  a  town.    See  Fire  Department. 

kilns,  prohibited  by  vote ;  fine,  193. 
BRIDGES,  PRroES,  69. 
Stroudwater,  69. 

Vaughan's  Bridge,  original  provisions  of  incorporation,  69. 
became  free  bridge,  68. 

draw,  construction  and  regulation  of,  70. 
expense  of  building,  how  paid,  70.  • 

territorial  limits,  71 
Deering's  Bridge,  when  laid  out,  71. 

Back  Cove  Bridge,  original  provisions  of  incorporation,  71. 
location,  restrictions,  72. 
draw  and  piers,  72. 
to  be  transferred  to  city,  72. 
to  be  toll  free,  72. 

may  be  constructed  for  purposes  of  a  draw,  72. 
draw  to  be  kept,  72. 
vessels  to  pass  free  of  expense,  72. 
tax  may  be  assessed  for  support  of,  72. 
Portland  Bridge,  incorporated,  73. 
location,  73. 
draw  and  piers,  73. 
Vessels  to  pass  free  of  expense,  73. 
surrender  to  county,  73. 
acceptance  as  a  free  bridge,  73. 
side  passage  to  Canal  street  to  be  built,  74. 


638  INDEX. 

BRIDGES  AND  WAYS,  towns  may  raise  money  for  repair  of,  as  other  taxes,  472. 
BUILDINGS,  demolishment  of,  at  fires,  190.  t 

occupations  of,   by  livery  stable  keeper,  sailmakers,  and  riggers, 
restrictions  upon,  75. 

penalty  therefor,  75. 

penalties  for  injuring  or  defacing,  76. 

wooden,  erection  of,  over  10  feet  high,  forbidden  without  permission 
of  mayor  and  aldermen,  77 . 

wooden,  cities  may  make  by-laws  respecting  .their  erection,  75. 

penalty  therefor,  75. 

notice  to  be  given  of  intention  to  build,  7G. 

mayor  and  aldermen  may  cause  numbers  to  be  affixed  to,  77. 

penalty  for  numbering  contrary  to  directions,  77. 

cellar  doors  and  platforms  regulated,  77. 

to  be  lighted  when  open  at  night,  78. 

penalty  for  defacing,  78. 

bills  or  posters  not  to  be  placed  on,  79. 

dangerous,  to  constitute  a  nuisance.     See  Nuisances,  317. 

unsafe.     See  Assemblies. 

erected  and  ,used  for  manufactures  which  cause  offensive  exha- 
lations, 319. 

for  manufacture  of  gunpowder,  320. 

not  to  Obstruct  streets,  485. 

not  to  be  drawn  or  moved  through  streets  without  permit  of  mayor 
and  aldermen,  485, 

bond  to  be  given,  485. 

remaining  beyond  time  permitted,  to  be  removed,  &c.  at  expense  of 
the  owner,  485. 

snow  and  ice  falling  from,  to  be  removed.     See  Public  Buildings 

and  Streets,  497. 
BURIALS.     See  Cemeteries,  Health. 
BURNED  DISTRICT,  rebuilding  of,  416.     See  Title  Rebuilding  of  Burned 

District. 
BURYING  GROUNDS.     See  Cemetaries,  Health. 
BY-LAWS,  enacting  style,  325.      See  Charter. 
CARRIAGES,  drivers  shall  turn  to  the  right,  80. 

not  to  travel  without  a  driver,  80. 

not  to  obstruct  the  road,  80. 

bells  to  be  attached  to  horses  with  sleigh  or  sled,  80. 

drivers  shall  not  leave  horses  unfastened,  80. 


INDEX.  639 

CARRIAGES,  cities  may  establish  rules  and  regulations  respecting,  80. 

may  annex  penalties,  80. 

hackney  carriages  defined.  81. 

no  person  to  set  up,  &c.,  without  a  license,  81. 

no  person  to  drive  without  a  license,  81. 

penalties,  81. 

licenses  to  be  granted,  82. 

may  be  revoked,  82. 

record  of  licenses  to  be  kept  by  city  marshal,  82. 

one  dollar  to  be  paid  for  license,  82. 

marshal  to  make  report  of,  and  pay  over  sum  for  licenses,  82. 

when  to  expire  and  how  transferred,  82. 

license  to  be  endorsed  by  clerk,  82. 

who  shall  be  liable  for  forfeiture,  &c. ,  82. 

penalty  for  not  ta'king  out  and  paying  for  license,  82. 

manner  of  marking  and  numbering,  83. 

no  other  number  to  be  used,  83. 

carriage  and  horse  not  to  be  left  except,  &c.,  83. 

shall  not  stand  except  in  place  assighed.  83. 
•  shall  not  stop  abreast  of  other  carriages,  84. 

shall  not  stop  to  obstruct  streets,  &c.,  84. 

driver  shall  wear  badge,  84. 
f  runners  shall  not  be  employed,  84. 

mayor  may  give  directions  for  standing  and  route,  84. 

rates  of  fare,  85.      ' 

amount  of  baggage  to  be  carried,  85. 

carriages  to  be  inspected,  86. 

carriages  not  to  be  driven  by  a  minor,  unless,  &c.,  86. 
Omnibuses,  license  for,  may  specify  time  of  starting,  86. 

not  to  start  until  five  minutes  after  preceding  one,  9>^. 

stopping  of  regulated,  87. 

shall  not  leave  designated  route,  87. 
Trucks,  wagons,  drays,    carts,    hand-carts,    sleighs,  sleds   and 

HAND-SLEDS,  to  be  liccnscd,  87. 

not  to  be  used  without  license,  87. 

licenses  to  be  granted  for,  88. 

may  be  revoked,  88. 

fee  for  license,  88. 

marshal  to  make  report  of,  and  pay  over  sum  for  same,  88. 

when  license  shall  expire,  88. 


640  INDEX. 

CARRIAGES,  licerse  to  be  endorsed  by  clerk,  88. 

how  licenses  sliall  be  transferred,  88. 

who  shall  be  liable  to  forfeitures,  88. 

penalty  for  using  for  unlawful  purposes,  88. 

paces  at  which  horses  shall  go,  88. 

persons  licensed,  to  obey  rales  and  regulations,  89. 
Carriages  in  general,  bells  required  when  snow  is  on  the  ground,  89. 

shall  not  stop  so  as  to  obstruct  foot  passengers,  89. 

how  trucks,  &c.,  shall  be  placed,  90. 

loading  and  unloading  regulated,  90. 
.   stands  may  be  assigned,  90. 

carts,  &c.,  to  be  placed  near  sidewalks,  60. 

not  more  than  one  range  to  be  placed  in  street,  91. 

horses  harnessed  not  to  be  fed  on  sidewalks,  91. 

riding  upon  outside  of  carriages  forbidden,  91. 

driver  forbidden  to  transport  dead  body,  91. 
CARTS,  regulated,  87. 
CASHIERS,  of  banks  to  exhibit  books,  521. 
CASK.     See  Sidewalk,  495. 
CATTLE,  not  to  go  at  large,  489. 
CELLAR  DOORS,  regulated.     See  Streets,  487. 
CEMETERIES,  penalty  for  injury  to  monuments  in,  92. 

may  be  enlarged  on  certain  conditions,  93.  ^ 

medical  act  of  1881,  93. 

disposition  of  bodies  under  same,  93. 

taxation,  exemption  of,  93.    Note. 

public  from  private,  93.     Note. 

city  may  make  by-laws  about  Evergreen.  Existing,  ordinances  made 
valid,  42,  94. 
Evergreen  Cemetery,  land,  94. 

trustees,  95,  96. 

superintendent,  97. 

occupancy  of  lots,  97. 

fund,  98. 

account,  99. 

burial  on  lots,  99. 

lots,  general  directions,  100. 

stones  and  monuments,  101. 

trees,  101. 

grades,  101. 


INDEX.  641 

CEMETERIES,  care  of  lots,  102. 

water,  102. 

loaded  teams  prohibited,  \03. 

horses  unfastened,  103. 

noises  prohibited,  103. 

personal  interest  of  oflScers  in  contract,  104. 

transportation,  IScc,  of  trustees,*  104. 

undertakers,  104,  105. 

perpetual  care,  106. 

description  of.     See  City  Clerk,  124. 
Forest  City  Cemetery,  land,  107.  • 

city  treasurer  to  keep  record,  107. 

superintendent,  108. 

committee  authorized  to  enlarge,  108. 

sale  of  lots,  108. 

committee  on  cemeteries  to  be  appointed,  108. 

to  have  custody  of  cemeteries,  promenades,  &c.,  109. 

penalty    for    removing  gravel  from    cemeteries  or  any  public 
ground,  109. 
CERTIFICATE  of  agent  for  sale  of  liquor,  48. 

of  appointment  of  officers  of  fire  department,  196. 

of  lunacy.     See  Lunatics,  301. 

of  inability  to  pay  for  support  of  lunatics,  302. 

of  marriage.     See  City  Clerk,  118,  119. 
See  Schools,  436. 
CHARCOAL.     See  Wood. 
CHARTER.     See  City  Charter. 
CHECK  LIST.     See  City  Clerk,  125. 

See  Elections,  160,  163. 
CHIEF  ENGINEER.     See  Fire  Department. 
CHILDREN,  abused  and  neglected,  hearing  on  cases,  110. 

duty  of  municipal  officers,  110. 

complaint  to  court.  111. 

magistrate  may  place  in  control  of  private  person.  111. 

custody  to  be  taken  in  some  cases  by  municipal  officers,  111. 

parents  may  apply  to  have  custody  restored,  112. 

expense  of  support,  112. 

towns  may  provide  for  support,  112. 

poor,  may  be  bound  out,  331. 

employment  of  in  manufactories,  305. 


642  INDEX. 

CHILDREN,  non  resident,  446. 

between  certain  ages  required  to  attend  school,  unless,  &c.,  431-445. 
See  Schools,  Truants.  ^       ' 

CHIMNEYS,   defective,   repaired  at  order  of  municipal  oflEicers.     See  Fire 

Department,  191. 
CITIZENS,  meetings  of.    See  Charter,  and  Elections. 

general  meetings,  36.  •  * 

CITY  AUDITOR.     See  Auditor. 

CITY  BUILDINGS.     See  Constable  and  Messenger,  128. 
CITY  CLERKS.     See  Clerk. 
CITY  ENGINEER!     See  Engineer. 
CITY  FARM,  teams  of  city  kept  at.     See  Streets,  479. 
CITY  HALL,  erection  and  use  of,  133. 

CITY  HAY  SCALES,  weigher  of  hay  to  have  control  of,  244. 
CITY  MARSHAL.     See  Marshal. 
CITY  PHYSICIAN.     See  Health,  262. 
CITY  PROPERTY.     See  Charter. 
CITY  SEAL.     See  Seal  of  City. 
CITY  SOLICITOR.     See  Solicitor. 

CITY  TREASURER.     See  Treasurer,  Finance,  Railroads. 
CLERK,  CITY,  shall  be  clerk  of  board  of  aldermen,  36. 

general  duties  under  the  charter,  36. 

shall  give  notice  of  ward  meetings,  36. 

shall  perform  duties  prescribed,  36.  ^ 

shall  act  as  clerk  at  citizens'  legal  meetings,  36. 

to  endorse  transfer  of  carriage  licenses,  82. 

to  endorse  transfer  of  trucks,  &c.,  licenses,  88. 

to  keep  records  of  doings  of  board  of  aldermen,  126. 
of  conventions  of  city  council,  126. 

to  notify  persons  appointed  to  office,  126. 

to  notify  chairmen  of  committees,  126. 

to  preserve  all  papers  belonging  to  the  city,  126. 

to  keep  ordinance  in  books,  126. 

to  procure  stationery,  126. 

to  lay  record  thereof  before  city  council,  126. 

to  draw  bills  and  ordinances,  126. 
.  perform  duties  prescribed,  126. 

to  make  an  estimate  of  stationery  and  blank  books  and  advertise  for 
sealed  proposals,  127. 

time  of  advertisements,  127. 


INDEX.  643 

CLERK,  CITY,  to  examine  proposals,  127. 

to  award  contracts,  with  auditor,  127. 

to  procure  other  needfUl  articles,  127. 

to  record  notices  of  intention  of  marriage,  118. 

to  keep  book  for  public  inspection,  118. 

to  give  certificate  of  notice  of  intention  of  marriage,  118. 

penalty  for  false  certificate,  119. 

not  to  isssue  certificate  to  persons  under  age,  118. 

not  to  issue  certificate  to  paupers,  118. 

penalty  for  same,  118. 

duty  where  marriage  is  forbidden,  118,  119.  • 

return  of  marriage  to  be  made  to  him,  119. 

to  make  annual  return  to  clerk  of  courts,  119. 

to  record  births  and  deaths,  119. 

parents,  &c.,  to  notify  clerk,  &c.,  120. 

fees  for  above  duties,  120. 

penalty  for  neglect  of  above,  120. 

to  record  mortgages  of  personal  property,  121. 

mortgages  to  be  recorded,  where,  120. 

mortgages,  how  to  be  redeemed,  121. 

mortgages,  how  foreclosed,  121. 

proceedings  when  mortgages  out  of  State,  122. 

Hohnes'  note,  when  for  morp  than  630,  must  be  recorded  by,  122. 

attachment  of  personal  property,  how  preserved  when  property  can- 
not be  removed,  122. 

lien  on  building  and  lot  must  be  recorded  in  clerk's  office  within 
thirty  days,  123. 

vessels  on  stocks,  attachment  how  made,  123. 

record  of  such  attachment,  123. 

particulars  for  enforcing  such  lien,  123. 

record  of  sales  of  personal  property  sold  to  enforce  a  lien,  123. 

proprietors'  records,  how  preserved,  124. 

licensing  board,  12-1. 

cemeteries,  description  of,  124. 

pews  deemed  real  estate,  124. 

board  for  preparing  list  of  jurors,  124. 

who  selected  for  jurors,  125. 

clerk  to  keep  jury  box,  125. 

tickets  in  box  to  be  drawn  once  in  three  years,  125. 

check  list,  125. 


644  INDEX. 

CLERK,  CITY,  penalty,  125. 

check  list  to  be  preserved,  125. 

certified  copies,  125. 

to  cause  officers  to  be  summoned  before  him  to  take  oath,  125. 

may  record  his  own  election,  125. 

election  of  officers  recorded,  125. 

deputy  clerk  to  do  all  duties,  125. 
.        to  communicate  name  of  treasurer  to  treasurer  of  State,  126. 

duties  of  city  clerk,  126. 

to  purchase  stationery  and  blank  books,  126.  * 

duties  as  to  drains  and  sewers,  146. 
fire  department,  201. 

to  sign  certificate  of  appointment  of  officers  of  fire  department,  196. 

penalty  if  guilty  of  fraud  in  selection  of  jurors,  290. 

member  of  licensing  board,  281. 

to  make  record  of  licenses  granted,  282. 

duty  to  prosecute  violations,  283. 

to  record  licenses  for  erection  of  stationary  steam  engines,  321. 

notice  of  appeal  for  damages,  by  laying  out  streets  to  be  served 
upon,  465. 

to  record  names  of  streets,  494. 

description  of  sidewalks,  494. 
COACHES,  regulated.     See  Carriages.  . 
COAL  HOLES,  regulated.     See  Streets. 
COASTING,  in  streets  forbidden.     See  streets. 
COMMERCIAL   STREET,  speed  of  trains  in,  regulated,  490. 

engine  bell  to  be  rung  continually,  490. 

brakemen  constantly  at  brakes,  491. 

penalties,  491. 

articles  to  be  unloaded  on  southeast  side  of  railroad  track,  491. 

and  shall  not  be  so  placed  as  to  obstruct,  491. 

engines,  &c.  not  to  obstruct  streets  or  passage  ways,  491. 

side  tracks  or  turnouts  not  to  be  laid  without,  491. 

vessels  or  boats  not  to  be  made  fast  to  coping  stones,  492. 

penalties,  492. 
COMMISSIONER,    LIQUOR,  to  sell  city,  50. 

COMMISSIONER   OF   STREETS,  to  put  down  monuments   when  requested 
by  committee  on  streets  or  city  engineer.     See  Streets,  479-500. 

to  give  notice  to  persons  to  repair  streets,  478. 

duties  respecting  grading  streets,  478. 


INDEX.  645 

COMMISSIONER  OF  STREETS,  to  be  elected,  478. 

to  be  sworn,  478. 

compensation,  478.  . 

to  keep  streets  safe,  &c.  478. 

to  superintend  general  state  of  streets,  478. 

not  td  change  grade  of  streets,  without,  &c.  478. 

to  make  contracts,  478. 

to  take  charge  of  teams,  &c.,  478 

powers  of  street  commissioners  of  town  of  Portland  given  to,  478. 

to  pay  damages  sustained  in  consequence  of  neglect  of  duty,  478. 

to  be  acquainted  with  lines  of  streets,  &c.  479.  » 

to  remove  obstructions,  479. 

to  perform  duties  prescribed,  479. 

to  make  arrangements  for  supply  of  labor,  479. 

may  have  city  teams  kept  at  city  farm,  479. 

to  discharge  bills  contracted  once  a  month,  479. 

to  render  account  to  aldermen,  479. 

io  render  annual  account  to  city  council,  479.  • 

to  cause  stone  monuments  to  be  erected,  479. 

to  cause  drains  and  aqueducts  opened  to  be  repaired,  481. 

to  remove  building  materials,  &c.  obstructing  streets,  482. 

to  superintend  the  laying  of  side  tracks  in  Commercial  street,  491. 

to  furnish  bricks,  &c.  to  lay.  sidewalks  at  expense  of  city,  493. 

to  direct  laying,  &c.  493. 

rights  and  duties  not  to  be  limited  by  construction  of  ordinance,  498. 

encroachment  on  streets,  499. 

gas  company  to  give  notice  to,  of  intention  to  lay  down  pipes,  «Sbc. 
504. 

company  to  repair  streets  to  satisfaction  of,  506. 

if  not,  commissioner  to  repair  at  expense  of  company,  506. 

to  certify  if  work  is  done  to  his  satisfaction,  504. 
COMMON  CRIERS.     See  Criers. 
COMPLANTS.     See  Children,  111. 
CONSTABLE  AND  MESSENGER,  CITY,  to  be  appointed  by  city  council,  128. 

to  deliver  notifications,  &c.,  728. 

to  arrange  rooms,  &c.,  for  meetings  of  city  council,  128. 

to  perform  the  duties  of  clerk  of  the  market,  128 

to  have  the  superintendence  of  city  hall  and    city    government 
house,  128. 

to  have  care  of  ward  rooms,  128. 

to  be  subject  to  orders  of  city  council,  128. 


646  INDEX. 

COLLARS.     See  Dogs,  143. 

CONSTABLES,  wards  to  elect  two  each,  137. 

island  to  elect  one,  137. 

penalty  for  not  summoning  voters,  166. 
CONSTABLE,  election  warrants.     See  City  Clerk,  173. 
CONSULTING  PHYSICIANS.     See  Health,  262. 
CONTAGIOUS  DISEASES.     See  Health. 

CONTRACTS  AND   EXPENDITURES,   member  of  city   government  not  to 
vote  on  any  question  in  which  he  has  a  pecuniary  interest,  137. 

pecuniary  interest  in  any  city  contract  prohibited  to  members  of 
,  city  government,  137. 

proceeding  to  enforce  two  preceding  rules,  137. 

deficiency  of  appropriations,  137. 

contracts  not  to  be  concluded  where  appropriations  are  deficient,  138. 

committees  limited  in  expenditures,  138. 
Contracts  for  Blank  Books  and  Stationery,  138. 

contracts  made  valid.     See  Finances,  182. 

unauthorized  contracts  by  municipal  oflicers  may  be  made  valid,  182. 
CORDWOOD.     See  Wood. 
COUNCIL,  CITY,  term  includes  what,  129. 

stated  meetings  of,  129. 

special  meetings  to  be  called  by  the  mayor,  129. 

of  Portland  authorized  to  contract  with  Gas  Company,  214. 
See  Streets. 

COMMON,  duty  of  clerk  of,  135. 
See  Charter. 
COUNTY  ATTORNEY,  See  Elections,  163,  167. 
COUNTY   CONMISSIONERS.  See  Streets,  469. 

COURT,  MUNICIPAL,  judges  of  municipal  and  police  courts,  appointment 
of,  313. 

Portland  municipal  court,  313. 

jurisdiction  of  judge,  313. 

not  to  act  as  attorney  or  counsel  in  any  case  within  jurisdiction  of 
his  court,  313. 

his  jurisdiction  in  cases  of  larceny  and  ofiences  against  city  by- 
laws, 313. 

houses  of  ill  fame,  313. 

right  of  appeal  from,  313. 

fines,  to  be  accounted  for,  314. 

jurisdiction  when  penalty  accrues  to  the  city,  314. 


INDEX.  '  647 

COURT,  MUNICIPAL,  court  to  be  held  on  Mondays,  314. 

recorder,  how  appointed  and  qualified,  314. 

writs  to  be  under  seal  of  court,  bear  test  of  judge  and  be  signed  by 
recorder,  314. 

powers  of  recorder  in  absence  of  judge,  314,  315. 

in  case  of  vacancy  of  judge,  315. 

justice  of  the  peace  substituted  in  absence  of  judge  and  recorder,  314.. 

provisions  when  office  of  judge  is  vacant,  314. 

restrictions  on  justices  of  the  peace  in  Portland,  314. 

exceptions  under  laws  of  United  States,  315. 

when  recorder  may  issue  warrants,  315. 
.  salary  of  recorder,  315. 

vacancy  ip  office  of,  315.  ' 

costs,  how  to  be  taxed,  315. 

judge  to  be  appointed,  how,  316. 

duties  and  salaries,  316. 

PROBATE,  judge  of  may  appoint  guardians  for  persons  sent  to 
insane  Hospital,  304. 

SUPREME  JUDICIAL,  jurisdiction  in  regard  to  finances,  180.     • 

appeal  from  municipal  officers  to,  147. 

may  enjoin.   See  Harbor  of  Portland,  232.         • 

aggrieved  owner  may  apply  to  for  jury.     See  Nuisances,  318. 

power  of  in  case  of  complaints  against  commissioners  of  sinking: 
fund.   See  Railroads,  368. 
COURTS,  word  Streets  to  include,  497. 
COWS,  not  to  go  at  large,  140. 

penalties,  city  marshal  to  prosecute,  140. 

to  wear  straps  around  neck,  140. 
CRACKERS.     See  Fire  Department,  193. 
CRATE,  not  to  be  placed  on  sidewalk.     See  Streets,  495. 
CRIERS,  license  to  be  granted,  141. 

crying  without  license,  141. 

to  keep  list  of  matters  cried,  141. 

not  to  cry  libeleous  matters,  141. 

penalty,  141. 
CULLERS  OF  HOOPES  AND  STAVES.     See  Lumber. 
CUTLERY,  grinding  on  streets  forbidden,  486. 
DAMAGED  PROyiSIONS.     See  Health,  256. 

40 


-648  INDEX. 

DAMAGES,  person  injured  by  defect  in  sidewalk  may  recover  not  over  two 

thousand  dollars,  475. 
DANGEROUS  DISEASES.     See  Health. 
DEAD  BODY.     See  Body  and  Health. 
DEATHS,  registry  of.     See  City  Clerk,  119. 
DEBT,  power  of  city  of  Portland  to  create,  180. 

committee  on  reduction,  450. 
See  Sinking  Fund. 
DOGS,  tax,  may  be  imposed  upon,  143. 

towns  may  pass  by-laws,  regulating  going  at  large,  142. 

owners  of,  liable  for  damages  done  by,  142. 

persons  assaulted  may  kill  dog,  142. 

penalty  if  owners  do  not  confine  a  mischievous  dog,  142. 

dangerous  dogs  may  be  killed,  143. 

not  to  go  at  large  without  licenses,  143. 

licenses  to  be  numbered,  143. 

dogs  to  wear  collars,  143. 

city  marshal  to  cause  dogs  at  large  without  collars  to  be  killed,  143. 

proceedings  when  dogs  disturb  quiet  of  any  person,  143. 

penalties  to  be  paid  by  owner  or  keeper  of  dog,  144. 

owner  of  *dog  assaulting  person  liable  to  treble  damages,  143. 

license  by  city  clerk,  143. 

fee  for  same,  143. 
JDRAINS  AND   SEWERS,  mayor  and  aldermen  may  lay  out.     See  Streets. 

ground  not  to  be  dug  for  laying  or  repairing  without  consent  of 
mayor  and  aldermen.     See  Streets. 

to  be  finished  to  satisfaction  of   commissioners   of  streets.     See 
Streets. 

private  drains  may  connect  with  public,  147. 

assessments,  147. 

lien  for  assessments,  148. 

permits  recorded  by  city  clerk,  147. 

for  non  payment  of  assessments  treasurer  may  sell  lots,  148. 

right  of  redemption,  148. 

for  non-payment  city  may  sue  parties,  148. 

record  of  permits  to  be  kept  by  city  clerk,  147. 

general  authority  of  mayor  and  aldermen,  39  and  149. 

private  drains,  regulations,  how  constructed,  152. 

to  be  laid  in  center  of  street,  152. 


INDEX.  649 

DRAINS  AND  SEWERS,  city  engineer  to  supervise,  152. 

drains  entering  public  sewers  to  be  made  as  mayor  and  aldermen  may 
direct,  153. 

not  to  be  laid  under  side  walks,  proviso,  153, 

n6t  to  be  let  out  upon  surface  of  streets,  153. 

rain  water  ftom  roofs  may  be  carried  into  common  sewer,  153. 

construction  of,  notice  to  be  given  under  law  of  1873,  146. 

expense,  how  maintained,  146. 

location  to  be  filed  with  city  clerk,  146. 

appeal  from  municipal  officers  to  Sjipreme  Judicial  Court,  147. 

matter  in  dispute,  how  adjusted,  147- 

city  clerk's  duties  as  to,  146. 
DRAYS.    See  Carriages,  87,  91. 
DRIVERS   OF  CARRIAGES.    See  Carriages,  80. 
ELECTIONS,  qualification  of  electors,  165. 

exemption  from  arrest  and  military  duty  on  day  of  election,  156. 

written  ballot,  156. 

soldiers  and  seamen,  156. 

students  at  colleges  and  academies,  156. 
-»     no  loss  of  residence  by  reason  of  absence  in  military  service,  156. 

times  of  election,  156. 

who  are  legal  voters,  156. 

assessors  to  prepare  lists  of  voters,  156. 

selectmen  to  prepare  corrected  list,  157. 

meetings  to  correct  list,  157. 

in  cities  of  1,000  voters,  157. 

aldermen  to  be  in  session  to  receive  applications  of  persons  claim- 
ing a  right  to  vote,  157. 

three  aldermen  to  be  a  quorum,  157. 

notice  of  session  given  in  warrant,  158. 

aldermen  of  cities  of  10,000  inhabitants,  to  be  in  session  four  days 
before  election,  158. 

no  names  shall  be  entered  on  the  list  of  voters  in  cities  and  towns 
having  1000  or  more  registered  voters  except  on  the  three 
secular  days  preceding  election,  158. 

list  of  voters  resident  in  wards  to  be  posted  in  cities  having  more 
than  1000  voters,  158. 

removals  from  ward  to  ward,  158. 

lists  to  be  deposited  with  clerk  and  posted,  159. 

names  not  to  be  added  or  stricken  out  except  as  provided,  159. 


650  INDEX. 

ELECTIONS,  how  added,  159. 

selectmen's  duty  respecting  papers  of  naturalization,  159. 

mode  of  warning  meetings  for  election  of  governor,  &c.,  160. 

times  of  opening  and  closing  meetings  in  certain  towns,  160. 

what  votes  on  one  list,  160. 

check  list  required,  160. 

one  ballot  box  only  allowed,  160. 

votes  on  white  paper  without  marks,  160. 

when  no  choice  of  representatives  is  effected,  161. 

meetings  for  choice  of  certain  officers  and  for  determining  ques- 
tions, 161. 

results  of  ballotings,  how  ascertained,  161. 

clerk  to  transmit  returns  of  votes. to  secretary  of  State,  162. 

county  attorney  to  be  notified  if  return  not  received,  163. 

loss  of  returns  how  supplied,  163. 

oath  to  be  made  to  copy  of  record,  163. 

certificate,  how  sealed  and  returned,  163. 

vacancies,  how  filled  in  towns  not  classed  for  representation,  163. 

check  list  to  be  preserved  by  clerks  of  towns,  certified  copies,  163. 

ballot  boxes,  how  constructed  and  used,  164. 

votes,  how  received,  164. 

officers,  ditties  of,  164. 

penalties  in  certain  cases,  how  recovered,  164. 

electors  in  cities  to  meet  in  wards,  164. 

warden  to4)reside,  164.  / 

warden  pro  tempore  may  be  chosen,  164. 

in  cities,  names  of  representatives  on  same  lists  as  other  officers,  164. 

if  no  choice,  further  meetings,  165. 

vacancies  by  death  and  otherwise,  165. 

wardens  and  clerks  in  cities,  haw  elected,  term  of  office  of,  165. 

penalty  for  neglect  to  perform  duties  required  of  selectmen,  165. 

penalty  for  neglect  of  municipal  officers  to  issue  warrants  for  meet- 
ings for  choice  of  officers,  165. 

penalty,  how  recovered  and  by  whom,  165. 

penalty  for  neglect  of  constable  to  summon  voters,  166. 

penalty  for  willful  neglect  to  be  recovered  by  indictment,  166. 

penalty  for  neglect  to  deposit  and  post  lists,  166. 

penalty  for  neglect  to  keep  check  lists,  or  to  reject  illegal  votes,  166. 


INDEX.  651 

ELECTIONS,  penalties,  how  recoverable,  166. 

penalty  for  municipal  officer  striking  names    from  list  without 

notice,  166. 
penalty  for  altering,  erasing  or  mutilating  names  on  the  check  list 

and  for  voting  in  the  name  of  another,  167. 
penalty  for  neglect  to  supply  lost  return,  167. 
penalty  for  making  false  certificate,  167. 
penalty  for  neglect  of  persoris  to'  whom  returns  are  entrusted  to 

deliver  them,  167. 
county  attorney  to  prosecute   for  wilful  negligence  in  delivering 

returns,  167. 
liability  of  town  officers  limited,  168. 

but  neglect  to  be  deemed  wilful  unless  contrary  is  shown,  168. 
punishment  for  misconduct  of  voters,  168. 
penalty  of  militia  officers  for  parades  on  election  day,  168. 
punishment  for  bribery  and  corruption,  168. 
intentionally  voting  when  not  entitled,  169, 
betting  on  elections  prohibited,  169.        •  ^ 

election  of  fire  engineers.     See  Fire  Department,  196.   See  Charter, 
mayor  or  treasurer  to  sue  for  penalty  for  betting,  169. 
money  paid  on  wager  to  be  recovered  by  action  on  case,  169. 
conveyances  by  reason  of  wager  to  be  void,  169. 
value  forfeited  to  town  or  city,  169. 
islands  of  city  of  Portland  to  constitute  two  wards  as  to  election 

of  certain  officers,  170. 
what  islands  constitute  the  different  wards,  170. 
proceedings  at  election  in  same,  170. 
mode  of  determining,  officers  elected  in  state  election,  170. 
how  notified,  170. 

how  to  ascertain  highest  number  of  votes,  170,  171. 
attested  copy  of  return,  170.        * 

form  of  warrants  of  ward  meetings,  to  conform  to  act  of  18/8,  171. 
to  be  served  by  constables  and  returned,  172. 
form  of  warrant  for  general  meetings,  172. 
to  be  served  by  constables  and  returned,  173. 
time  of  opening  and  closing  the  polls  to  be  fixed  by  whom,  173. 
EMBEZZLING,  property  at  fires  punishable,  190,  191. 
ENDORSEMENTS,  of  transfer  of  carriage  licenses,  82. 
transfer  of  trucks,  &c.,  licenses,  88. 
See  City  Clerk. 


652  INDEX. 

ENGINEER,  CITY,  council  to  choose,  130. 

duties,  130. 

duties  as  to  monuments,  130. 

shall  supervise  sewers,  131. 
■     keep  account  of  expense  and  list  of  persons  benefited,  131. 

make  plans  of  sewers,  132. 

mean  tide  elevation  to  be  a  base  line,  132. 

description  of  streets,  drains,  sewers,  &c.  to  be  recorded,  132. 
ENGINEER  OF  FIRE  DEPARTMENT,  196. 
ENGINE  COMPANIES.     See  Fire  Department. 
ENGINE  HOUSES.     See  Fire  Department. 
EVERGREEN  CEMETERY.      See  Cemeteries. 
EXCAVATIONS,  in  streets,  502,  468. 
EXHIBITIONS,  public  regulated.     See  Amusements. 
EXPENDITURES.     See  Contracts  and  Expenditures,  and  Finance. 
FARE,  for  carriages.    See  Carriages. 
FARM  CITY,  teams  of  city  may  be  kept  at,  479. 
FALSE  REPRESENTATIONS,  to  liquor  agent,  50. 
FAST  DRIVING  in  streets,  prohibited,  489. 
FENCES.     See  Trees,  537. 

FERRIES,  county  commissioners  may  license  ferfies,  establish  tolls,   take 
bond,  175. 

property  to  be  appraised  on  removal  of  a  ferryman,  175. 

commissioners  may  establish  ferries  to  be  supported  by  towns; 
penalty  for  neglect,  175. 

penalty  for  neglect  of  keeper  to  keep  safe  boat,  and  for  neglect  of 
attendance,  175. 

person  injured  by  default  of  ferrymen,  may  sue  bond,  175. 

no  other  ferry  on  same  river  within  one  mile  above  or  below,  175. 

penalty  for  keeping  ferry  or  conveying  passengers  or  property  con- 
trary to  law,  175. 

ice  to  be  leveled  and  way  kept  in  repair  in  winter,  176. 

penalty  for  neglect  and  liability  for  injury,  176. 

licensed  ferrymen  not  to  use  horse  boats  or  steamboats,  176. 

at  horse  and  steam  ferries,  other  boats  to  be  used  in  times  of  dan- 
ger, 176. 

obstructions  to,  prohibited,  penalty,  176. 

piers  may  be  sunk  to  guide  boats  at  ferries,  177. 

Cape  Elizabeth  ferry.     An  act  to  incorporate,  177. 

real  estate  and  personal  property,  177. 


INDEX.  653 

FERRIES,  time  of  running  boats,  178. 

forfeiture  in  case  of  neglect,  178. 

liable  for  loss  or  damage,  178. 

capital  stock,  178. 
FILTH,  not  to  be  thrown  into  streets.     See  Health,  263. 
FINANCE,  constitutional  amendment  of  1877,  180. 

power  of  city  of  Portland  to  create  debt  limited  to  five  per  cent,  of 
her  valuation,  180. 

private  laws  of  1877,  180. 

not  to  apply  to  fund  in  trust  or  to  temporary  loan  for  municipal  pur- 
poses, 180. 

jurisdiction  of  S.  J.  Court,  180. 

city  council  authorized  to  purchase  real  and  personal  estate,  not 
exceeding  $200,000,  181. 

school  money,  how  paid,  181. 

for  what  purposes  money  may  be  raised  by  towns,  181. 

towns  may  procure  town  histories,  181. 

build  soldiers'  monuments,  181. 

doings  of  cities  and  towns  made  valid,  181. 

contracts  made  valid,  182. 

unauthorized  contracts  by  municipal  officers  may  be  made  valid,  182. 

committee  on  accounts  to  be  appointed,  182. 

city  treasurer's  duties,  182. 

committees  on  accounts  to  audit  the  accounts  of  city  treasurer  and 
auditor,  183. 

city  treasurer  to  give  bond,  183. 

financial  year,  accounts  to  be  made  to,  183. 

committee  on  finance  to  be  appointed,  183. 

duties,  183. 

city  officers  to  pay  over  moneys  to  the  treasurer,  183. 

registered  bonds,  184. 

duty  of  city  treasurer,  184. 

forms  and  regulations,  184. 

denomination  of  said  bonds,  184. 

blanks  and  books,  185. 

transfer,  185. 

dispose  of  same,  185. 

bonds  for  payment  of  P.  &  O.  assessment,  185. 
FINANCIAL  YEAR.     See  Finance,  183. 


654  INDEX. 

FIRE,  larceny  at,  190. 

innkeepers  to  provide  means  of  escape  from,  193. 

bonfires  in 'street,  penalty,  194. 

unlawful  kindling  of,  192,  191.  • 

giving  false  alarm  of,  penalty,  195. 

removing  fire  ladders  at,  penalty,  195. 

See  Engineers,  Eire  Department,  Gunpowder. 
FIRE  ARMS,  not  to  be  discharged  except,  &c.  194. 
FIRE  ALARM.     See  Fire  department,  195. 
FIRE  DEPARTMENT,  powers  of,  in  whom  vested,  188. 

towns  may  prescribe  rules  for  care  and  management  of  fire  engines 
and  apparatus,  188. 

for  employment  of  men  in,  188. 

for  appointment  of  officers,  188. 

officers  so  chosen  have  powers  of  fire  wards,  188. 

powers,  privileges  and  duties  of  men  so  employed,  188. 

engine  men  excused  from  serving  as  jurors,  189. 

duties  of  engine  companies,  189. 

discharge  of  negligent  men,  and  selection  of  engine  men  for  other 
duties  at  fires. 

election  of  fire  wards,  189. 

notice,  penalty  for  not  entering  acceptance  or  refusal,  189. 

duty  of  fire  wards  and  other  officers  at  fires,  189. 

power  of  fire  wards  at  fires,  190, 

penalty  for  refusing  to  obey,  190. 

officers  appointed  under  special  laws  may  demolish  buildings,  190. 

compensation  for  building  demolished,  190. 

recovery  by  action  on  the  case,  190. 

plundering  at  fires  declared  larceny,  190. 

penalty  for  occupying  tenement  for  sail  maker,  rigger  or  livery  stable, 
except  as  municipal  officers  direct,  191. 

municipal  officers  to  direct  defective  chimneys  to  be  removed  or 
repaired,  191. 

penalty  for  lighting  or  smoking  cigar  or  pipe  in  mills,  &c.,  191. 

penalty  for  kindling  fire  on  land  without  consent  of  owner,  191. 

penalty  for  kindling  fire  with  intent  to  injure,  192. 

lawful  fires  to  be  kindled  at  suitable  time,  192. 

municipal  officers  to  make  regulations  respecting  gunpowder,  explo- 
sive oils,  and  substances,  192. 

persons  injured  by  explosion  may  recover  damages,  192. 

power  of  municipal  officers  to  search  for  gunpowder,  192. 


INDEX. 


655 


FIRE  DEPARTMENT,  regulations  not  in  force  until  published,  192. 
penalties,  keeping  gunpowder,  193. 
inkeepers  to  provide  means  of  escape  from  fires,  193. 
60  days'  notice  to  so  provide,  193. 
penalty  for  neglect,  193. 
penalty  for  unlicensed  use  of  fire  works,  193. 
burning  bricks  in  town,  193. 
water  not  to  be  taken  from  reservoirs,  194. 
penalty  for  interfering  with  convenient  use  of  reservoir,  194. 
bonfires  in  streets,  fine,  194. 
penalty  for  carrying  fire  in  streets,  194. 
penalty  for  discharging  fire  arms,  194. 
penalty  for  erecting  and  firing  kilns,  195. 
penalty  for  false  fire  alarms,  195. 
penalty  for  removing  ladders,  195. 
burning  chimneys,  flues,  &c.,  195. 

penalty  for  wearing  badge  or  insignia  of  fire  department,  195. 
hydrants  used  only  for  extinguishment  of  fires,  196. 
driving  over  hose,  196. 
organization  of  fire  department,  196. 
election  of_engineers,  196. 
their  rank,  196. 

organization  of  their  board,  powers,  197. 
to  cause  combustibles  to  be  removed,  197. 
to  demolish  buildings  at  fire,  when,  198. 
board  may  suspend  companies  and  officers,  when,  198. 
engine  company,  how  composed,  199. 
power  and  duties  of  chief  engineer,  199. 

city  council  may  form  engine,  hook  and  ladder  and  hose   com- 
panies, 200. 
foreman  and  clerk,  how  chosen,  200. 
companies  may  make  rules,  200. 
monthly  and  other  meetings  of  companies,  200. 
fines  for  absence,  201. 
pay  of  members  of  companies,  201. 
fires  in  adjoining  towns,  201. 
duties  of  foremen,  201. 
duties  of  clerks,  201. 
election  of  enginemen,  202. 

41 


656  INDEX. 

FIRE  DEPARTMENT,  duties  of  enginemen,  203. 

board  of  engineers,  rules  and  regulations,  205,  206,  207,  208,  209. 

drivers,  duty  of,  203. 
FIRE  WOOD.     See  Streets,  495. 
FIRE  WORKS.     See  Fire  department,  193. 
FISH.     See  Health,  Whai-ves,  Manure. 
FLOUR,  appointment  of  inspectors,  210. 

inspection,  how  made,  210. 

inspectors,  duties,  211. 

record  of  inspections  kept,  211. 

penalty  for  fraudulently  marking,  211. 

penalty  for  alteration  of  marks,  211. 

when  inspection  is  not  demanded,  211. 
FOOD,  punishment  for  selling  adulterated,  256. 
FOOT  BALL,  forbidfien  in  streets,  484. 
FOOT  WALKS.     See  Sidewalks  and  Streets. 
FOWLING  PIECE,  not  to  be  discharged  in  city,  194. 
FREE  HIGH  SCHOOLS.     See  Schools,  442. 
FRUIT,  565.     See  Weights  and  Measures,  566. 
FUND.     See  Cemeteries,  98. 
Finance,  180. 
Railroads,  365. 
Taxes,  515. 
Trees,  538. 
FUNERAL  CARS.     See  Health. 
FUNERALS.     See  Cemeteries. 

GAMING  TABLES,  not  to  be  exposed.     See  Streets,  484. 
GAS,  statutes,  act  of  incorporation  of  Portland  gas  light  company,  212. 

capital  stock,  how  applied,  213. 

liability  for  injury  to  private  property,  213. 

regulations  for  laying  down  pipes,  213. 

liability  to  city  for  damages,  214. 

obstruction  to  public  travel  in  laying  down,   erecting  or  repairing 
works,  214. 

not  to  obstruct  or  impair  the  use  of  any  drain,  214. 

city  council  authorized  to  contract  for  lighting  the  streets  and  pub- 
lic buildings,  214. 

exclusive  privileges  granted  to  company,  with  proviso,  215. 

city  of  Portland  authorized  to  take  and  hold  stock  in  said  com- 
pany, 215. 


INDEX.  657 

GAS,  amount  received  from  city  by  company,  its  disposal,  216. 

its  effect  upon  the  remaining  shares,  216. 

issuance  of  shares  to  city,  216. 

shares  of  city,  how  represented,  216. 

authority  of  city  to  take  the  property  of  said  company  at  its 
appraised  value,  216. 

appraisers,  how  appointed,  216. 

if  company  neglects  or  refuses  to  deliver  its  property  to  city,  217. 

exclusive  privileges  to  said  company  in  case  city  should  not  take 
its  property,  217. 

liability  of  company  for  wilfully  or  negligently  leaving  obstructions- 
in  any  street,  217, 

or  neglect  to  repair,  217. 

fine,  how  collected  and  applied,  217. 

liability  for  personal  injury,  218. 

mayor  and  aldermen  have  power  to  regulate  such  works  as  affect 
the  city's  health,  218. 

Portland  Gas  Light  Company  authorized  to  increase  its  capital 
stock,  218. 

shares,  how  disposed  of,  218. 

city  may  take  proportional  part  of  them,  219. 

shares  to  be  numbered,  219. 

how  issued  and  amount,  219. 

Portland  Gas  Light  Company   authorized  to  increase  its  capital 
stock,  220. 

shares  first  offered  to  existing  share  holders,  220. 

balance,  how  disposed  of,  220. 

city  council  may  make  the  city  joint  owner  of  stock,  220. 

ownership,  conditions  of,  221. 

duties  of  directors  and  treasurer,  221. 
See  Streets. 
GOODS,  sold  at  auction  on  streets,  60. 

obstructing  foot  path  or  sidewalk,  495. 
GOVERNOR,  election  of.     See  Elections,  160. 
GRAND  JURORS.     See  Jurors,  286. 
GRATINGS,  in  streets  regulated.     See  Streets,  488. 
GRAVES.     See  Health,  274,  275. 

GRINDING  CUTLERY  in  streets,  forbidden.     See  Streets  486. 
GUARDIANSHIP,  persons  under,   exempt  from  taxation,  512. 
GUIDE  POSTS,  towns  must  maintain,  476. 


658  INDEX. 

GUN,  not  to  be  discharged  in  city,  194. 

'GUNPOWDER  AND  EXPLOSIVE  SUBSTANCES,  municipal    officers  may 
make  regulations,  222. 

persons  injured  by  explosion  may  recover  damages,  223. 

power  of  municipal  officers  to  search  for  gunpowder,  223. 

sale  of,  without  license  in  city  of  Portland,  unlawful,  223. 

license  to  sell,  223. 

in  force  one  year  with  power  of  renewal,  cost,  223. 

mayor  and  aldermen  of  Portland  may  establish  rules  for  sale  of 
gunpowder,  224. 

penalties,  buildings  nuisances,  224. 

rules  ai\d  regulations  established  by  mayor  and  aldermen,  225. 

appointment  and  duties  of  keeper- of  powder  magazine,  225. 

no  licensed  vender  of  gunpowder  to  keep  over  75  lbs.,  225. 

kept  in  copper  chests  placed  near  the  outer  door,  225. 

vessels  not  to  land  or  receive  over  25  lbs.  without  permit,  226. 

nor  lay  at  any  wharf,  226. 

permits  to  land  or  ship,  granted  by  mayor  and  aldermen, '226. 

transportation  of,  through  city,  226. 

persons  licensed  to  sell,  to  keep  sign  over  door,  227. 

penalties,  227. 

transporters  of  gunpowder  appointed  by  mayor  and  aldermen,  228. 
See  Fire  Department. 
HACKNEY  CARRIAGES.     See  Carriages,  81.  .  ■ 

HAND  CARTS.     See  Carriages,  87. 
HAND  SLEDS.     See  Carriages,  87. 

HALL,    CITY,  proceedings  of  town  of  Portland  relating  to  erection    of 
town  hall,  133. 

use  of  part  of  hall  to  military  companies,  133. 

mayor  to  have  general  chage,  134. 
HARBOR  OF  PORTLAND,  boundaries  defined,  230,  231. 

wharves,  extension  of,  231,  236. 

receiving  basins  and  reservoirs  defined,  231. 

erections  in  prohibited,  except,  &c.,  231.     * 

commissioners  appointed,  231. 

term  of  office,  232. 

their  compensation,  233. 

Supreme  Judicial  Court  may  enjoin,  232. 

costs  of  injunction,  by  whom  paid,  232. 

rules  for  regulation  and  management  of  vessels,  181,  238. 


INDEX.  659 

HARBOR  OF  PORTLAND,  permissions  to  make  erections  within  receiving 
basins  and  reservoirs  of  the  harbor,  shall  be  in  writing  and 
recorded,  231. 

prosecution  and  punishment,  232. 

commissioners,  powers  extended,  232. 

restrictions  and  penalties,  233. 

harbor  lines  on  Fore  river,  233. 

those  on  northerly  side  of  river,  233. 
.    southerly  side,  section  one,  234. 

southerly  side,  section  two,  235. 

no  wharf  or  incumbrance  of  any  kind  to  extend  beyond  harbor 
lines,  236. 

those  built  within  said  lines  to  have  permission  of  commis- 
sioners, 236. 

permission  recorded,  236. 

existing  remedies  extended,  236. 

Atlantic  &  St.  Lawrence  wharves  east  of  Gait's  wharf  to  be  per- 
mitted to  go  beyond  conmiissioners'  line,  237. 

stones,  &c.,  not  to  be  thrown  into  harbor,  237. 

penalty  for  violation  of  rules,  239. 

vessels  anchored  contrary  to  rules,  239. 

to  be  removed  at  owners'  expense,  239. 

penalties,  239. 
HARBOR  MASTER,  to  be  elected,  237. 

to  be  sworn,  237. 

'compensation,  237.  '  , 

duties,  337. 
HARD  COAL.     See  Weigher. 
HAWKERS  AND  PEDLERS,  penalty  for  selling  goods  without  Ucense,  240. 

articles  forfeited,  240. 

county  conmiissioners  may  license,  241. 

license  free  to  disabled  soldiers,  241. 

amount  to  be  paid  for  license,  241. 

carriage  to  be  lettered,  242. 

license  to  be  exhibited,  241. 

penalty  for  refusal,  241. 

provisions  do  not  apply  to  goods  forwarded  from  without  the  State 
upon  the  order  of  a  purchaser,  240. 

nor  to  citizens  of  State  selling  articles  raised  or  manufactured  in 
State,  240. 


660        '  INDEX. 

HAWKERS  AND  PEDLEES,  county  commissioners  to  famish  blank  licenses 
to  clerk  of  courts,  241. 

penalties   and  forfeitures,   how   recoverable,   and  to   whose    use 
accruing,  242. 

commitment  in  case  of  default,  242. 
HAY,  pressed,  how  marked  for  sale,  243. 

forfeited  unless  so  marked,  244. 

penalty  for  receiving  on  board  vessel,  243. 

weighers  to  be  chosen  by  city  council,  244. 

not  to  be  sold  without  being  weighed,  244. 

penalty,  245. 

weighing  without  authority,  244. 

fees  for  weighing,  245. 

pressed  and  in  bundles  need  not  be  weighed,  245. 

weighers  forbidden  to  deal  in  hay,  243. 
HEALTH. 

Infectious  Diseases. 

precaution  against  infected  persons,  249. 

may  be  removed  to  separate  house,  250. 

may  be  restrained  from  traveling  in  l^tate,  250. 

penalty,  250. 

hospitals  may  be  established,  254. 

any  building  may  be  licensed  as  such,  254. 

restrictions  as  to  inoculating,  255. 

process  for  securing  infected  articles,  255. 

phj^sicians  liable  to  hospital  regulations,  255. 

masters  of  vessels,  254. 

vessels  with  infected  persons,  254. 

quarantine,  254. 

precautions  to  prevent  the  spread  of  infectious  diseases,  255. 

penalties  for  violation  of  hospital  regulations,  255. 

householders,  &c.,  to  give  notice  of  persons  sick  with  infectious 
diseases,  255. 

penalty  for  selling  unwholesome  provisions  and  drinks,  256. 

penalty  for  adulterating  food  or  liquors,  257. 

contagious  diseases  among  cattle,  257. 

execution  of  laws,  &c.,  relative  to,  to  be  under  superintendence  of 
city  marshal,  262. 

to  be  subject  to  control  of  mayor  and  aldermen,  262. 

city  and  consulting  physicians,  262. 


INDEX.  661 

HEALTH,  their  duty,  263. 

filth  shall  not  be  thrown  into  streets  or  waters  of  harbor  or  Back 
Cove,  penalty,  263. 

shall  be  removed  at  expense  of  owner  or  occupants  of  house,  264. 

filth,  &c.,  may  be  removed  by  order  of  mayor,  &c.,  264. 

in  case  of  neglect  to  remove  after  notice  given,  264. 

to  be  removed  at  expense  of  person  notified,  265. 

penalty  for  selling  veal  of  a  calf  less  than  four  weeks  old,  256. 

masters  of  vessels  may  be  examined  oh  oath  in  certain  cases,  253. 

selectmen  may  establish  quarantine  regulations,  255. 

penalty  for  breach  thereof,  253. 

duty  of  pilots,  253. 

ft-esh  m,eat  and  fish,  cities  have  power  to  regulate  sale  of,  257. 

penalties,  257. 

cattle  infected  by  contagious  disease,  257. 

cattle  killed  to  be  appraised,  258. 

regulation  of  passage  of  animals,  258. 

appraisals  how  made,  &c.,  260. 

owners  dissatisfied  may  maintain  action,  260. 

notice  to  governor  and  secretary  of  board  of  agriculture,  of  exist- 
ence of  disease,  260. 

to  commissioners  if  any  provided,  260. 

commissioners  may  be  appointed,  260. 

their  powers,  260. 

neglect  of  oflSjcers  to  enforce  and  carry  into  effect  the  commissioners' 
regulations,  fine,  260. 

said  regulations  to  superscede  all  others,  260. 

having  bodies  unlawfully  in  possession,  260. 

consent  to  use  body  for  anatomical  science  given  by  person  before 
his  death,  261. 

body  for  medical  school,  261. 

board  of,  256. 

oflScer,  how  chosen,  262. 

may  remove  filth,  &c.,  263. 

expenses  to  be  paid  by  owners  of  infected  articles,  265. 

building  of  privy  vaults,  265. 

regulations  respecting  hog-sties,  267. 

house  offal,  267,  268. 

hides  or  leather  not  to  be  exposed  in  streets,  269. 

cart  for  cleaning  vaults,  permit  time,  270. 


662  INDEX. 

HEALTH,  interment  of  the  dead,  department  in  relation  thereto  to  be  placed 
under  control  of  one  superintendent,  271. 

subject  to  regulations  of  mayor  and  aldermen,  271. 

superintendent  to  be  sworn,  his  term,  office,  &c.,  271. 

funeral  cars  placed  in  his  care,  272. 

undertaker  appointed  and  licensed  by  mayor  and  aldermen,  273. 

no  interments  to  be  made  without  license  from  superintendent  of 
burials,  273. 

undertakers,  fees,  273. 

depth  of  graves,  274. 

no  body  removed  from  city  without  permission  of  superintend- 
ent, 274. 

superintendent  shall  attend  such  removal,  274. 

undertakers  to  make  returns  to  superintendent,  274. 

bodies  not  to  be  removed  without  permit  of  superintendent,  274. 

removal  of  bodies  from  city  tomb,  274. 

bodies  not  to  be  interred  in  city  cemeteries,  275.  ^ 

mayor  and  aldermen  to  make  regulations,  275. 

transportation  of  dead  bodies,  275. 

penalties,  276. 
HIDES  AND  LEATHER.     See  Leather,  293,  294. 
HIGHWAYS,  buildings  on.     See  Buildings  and  Streets. 
HISTORIES   OF   CITIES,  276. 
HOGSHEADS.     See  Lumber,  299. 
HOG-STY.     See  Health,  267. 
HOLMES  NOTE.     See  City  Clerk,  122. 

HOOK  AND  LADDER  COMPANIES.     See  Fire  Department,  200. 
HOOPS  AND   STAVES.     See  Lumber,  298. 
HORNS,  not  to  be  sounded  in  streets.    See  Streets,  486. 
HORSE-BOATS.     See  Ferries,  176. 
HORSES.     See  Streets,  489. 

See  Trees,  538. 
HOSE  COMPANIES.     See  Fire  Department,  200. 
HOSPITALS.     See  Health. 
HOUSE  OF  CORRECTION,  towns  may  build  and  maintain,  278. 

overseers  of,  to  be  appointed,  278. 

their  powers  and  duties,  278. 

compensation  to  overseers  and  master,  279. 

power  of  overseers  to  commit  persons,  279. 
HOUSE  OFFAL.     See  Health,  267. 


INDEX.  663 

HOUSES.     See  Buildings. 

ICE.    See  Streets,  496,  497. 

INCUMBRANCES.     See  Harbor,  231.     See  Streets. 

INDIANS,  liquor  agent  not  to  sell  to,  49. 

polls  of,  exempt  from  taxation,  512.         . 
INDUSTRIAL  SCHOOL,  under  what  conditions  girls  may  be  sent  to,  280. 
INFECTIOUS  DISEASES.     See  Health. 

INN  HOLDERS  AND  VICTUALERS,  Ucense  to,  when  and  by  whom  grant- 
ed, 281. 

persons  licensed  to  give  bond,  282. 

licenses  may  be  granted  for  a  part  of  the  year,  282. 

fee  for  licenses  and  record,  282. 

duty  of  innholders  to  provide  entertainment,  282. 

duty  of  victualers,  283. 

innholders  and  victualers  to  keep  up  signs,  283. 

not  to  allow  gaming  on  the  premises,  penalty,  283. 

reveling,  disorderly  conduct,  drunkenness  prohibited,  283. 

no  person  shall  be  a  common  innholder  or  victualer  without  a 
license,  penalty,  283. 

duty  of  licensing  board  to  prosecute,  283. 

fire  escapesvand  ladders,  283.  , 

liability  for  baggage,  283. 

loss  by  fire,  by  negligence  of  guest,  284. 
See  Schools,  442. 
See  Fire  Department. 
INSPECTORS.    See  Boats,  61.     See  Flour,  210.     See  Leather,  293. 
INTELLIGENCE  OFFICES,  not  to  be  kept  without  license,  284. 

licenses,  how  granted  and  revoked,  284. 

fee  for  license,  284. 

municipal  oflScers  may  license,  penalty,  285. 

penalties,  how  recovered,  285. 
INTERMENT  OF  THE  DEAD.     See  Cemetery,  Health. 
IRON,  not  to  be  placed  on  sidewalk.     See  Streets,  495. 
ISLANDS.     See  Elections,  170. 
JXTRORS,  board  for  preparing  lists  of,  286. 

lists  how  prepared,  287. 

persons  exempted  from  serving,  287,  189. 

tickets  of  names  to  be  kept  in  jury  box,  287. 

liable  to  be  drawn  once  in  three  years,  287. 

number  required  to  be  kept  in  the  jury  box,  287. 


664  •  INDEX. 

JUROKS,  names  may  be  withdrawn,  287,  288. 

commissioners  to  divide  county  into  jury  districts,  288. 

rule  by  which  clerk  shall  issue  venires,  288. 

grand  jurors  to  serve  one  year,  288. 

jlirors  to  attend  first  day  of  term,  288. 

duties  of  sheriffs  in  relation  to  distribution  of  venires,  288. 

constables  shall  notify,  &c.,  288,  289. 

notice,  how  given,  289. 

mode  of  drawing  jurors,  289. 

penalties  for  neglect,  290. 

penalty  for  fraud  by  town  officers,  290. 

date  of  draft  to  be  indorsed  on  the  ticket,  289. 

penalty  for  neglect  of  juror  to  attend,  290. 

who  selected  for  jurors,  125. 
JURY  BOX,  city  clerk  to  keep,  125. 
JUSTICE  OF  THE  PEACE.     See  Municipal  Court,  314. 
KILNS.     See  Fire  Department,  193. 
LAMPS  AND  LAMP  POSTS,  injuries  to,  penalty  to,  291. 

committee  on,  to  be  appointed,  291. 

to  cause  lamps  to  be  set  up,  291. 

mayor,  &c.,  to  make  contracts  and  rules  for,  2*91. 

no  person  without  authority  shall  light  or  extinguish  lamp,  292. 

how  lamp  posts  may  be  legally  located,  record,  292. 
LANDEAU.    See  Carriages. 
LANES,  the  word  street  to  include,  497. 
LANTERN,  not  to  project  into  streets,  &c.,  486. 

LARCENY,  embezzling  of  property  at  fires  declared  to  be.     See  Fire  Depart- 
ment, 191. 
LEATHER,  boots,  &c.,  may  be  stamped,  293. 

penalty  for  fraudulently  stamping,  293. 

inspectors  of  sole  leather  to  be  appointed,  293. 

to  examine  and  inspect  sole  leather,  293. 

penalty  for  counterfeiting  marks,  294. 

mode  of  inspecting  and  stamping,  292,  294. 

assessors  to  be  furnished  with  account  of  hides  and  leather  on  hand, 
for  taxation,  294. 

\^s  or  leather  not  to  be  exposed  in  streets,  294. 
LIBRA!  ;ES,  public  may  be  established,  295. 

towns  may  raise  moneys  therefor,  295. 

donations  to,  295. 

penalty  for  defacing  books  or  pictures,  295. 


INDEX.  665 

LICENSING  BOARD,  to  consist  of  municipal  officers,  treasurer  and  clerk,  281. 

to  meet  on  the  first  Monday  of  May,  281. 

to  grant  licenses  to  victualers  and  innholders,  281. 
LICENSES.     See  Amusements,  Auctions. 

dogs,  143. 

pawnbrokers,  336. 

gunpowder,  223. 

carriages,  81,  87. 

innholders  and  victualers,  281,  283. 

intelligence  offices,  285. 

carriages,  88. 

hawkers  and  pedlers,  241. 
LIEN  on  building  and  lot,  123. 

sales  of  personal  property  to  enforce,  123. 

on  standing  wood  and  timber  for  payment  of  taxes,  513. 
LIGHTS.     See  Streets. 
LIGHTERS,  provisions  respecting,  61. 
LIME  KILNS,  not  to  be  erected  or  fired,  195. 
LIQUOR,  agents  for  sale  of,  47. 
LISTS.     See  voting  lists  and  check  lists. 
See  elections,  159. 
See  Taxes,  531. 
LOAN,  of  credit  of  city  to  the  Atlantic  &  St.  Lawrence  Railroad  Company. 

See  Railroads. 
LOGS,  duty  of  surveyors  of.     See  Lumber,  300. 
LOTS.     See  Cemeteries,  100,  108. 
LUMBER,  towns  to  elect  surveyors  of,  296. 

to  be  surveyed  before  delivery,  297. 

dimensions  and  quality  of  shingles,  297. 

how  split,  or  sawed  and  packed,  forfeiture,  297. 

dimensions  and  quality  of  clapboards,  298. 

dimensions  and  quality  of  staves  and  how  enumerated,  298,  299. 

hogshead  hoops,  how  packed,  penalties,  299. 
LUNATICS,  municipal  officers  to  decide  on  cases  and  commit  to  hospital  with 
certificate,  keep  record,  &c.  301. 

two  physicians  required  to  establish  insanity,  non  compos  not,  301. 

may  certify  inability  to  pay  for  support  and  treasurer  may  charge 
State  one  dollar  per  week,  302. 

towns  where  insane  person  resided  or  was  found,  pay  for  support 
unless,  302. 


666  INDEX. 

LUNATICS,  when  unlawfully  committed,  and  expense  of  removal,  302. 

towns  have  remedy  against  the  person,   or  those  liable  for  his 

support  as  a  pauper,  302. 
discharge  of,  those  liable  for  support  may  apply  for,  303. 
municipal  officers  to  decide,  303. 

overseers  of  poor  to  remove  when  notified  so  to  do,  303. 
how  persons  discharged  shall  be  removed,  303. 
town  liable  upon  notice  for  costs  of  removal,  303. 
towns  of  less  than  two  hundred  inhabitants  not  liable  for  removal, 

304. 
judge  of  probate  may  appoint  guardians  for  persons  sent  to  hospital, 

duties  and  compensation,  304. 
MANUFACTURING  ESTABLISHMENTS,  exempt  from  taxation,  not  exceed- 
ing ten  years,  provided,  &c.  305. 
capital,  305. 
children  under  15  years  not  to  be  employed  in,  without  proof  of 

schooling  three  or  four  months  in  the  year,  305. 
teacher's  certificate,  306, 
penalty,  306. 
no  person  under  16  years  of  age  to  be  employed  over  ten  hours  a 

day  in,  306. 
their  exemption  from  taxation  in  certain  cases,  512. 
MANURE,  not  to  be  taken  from  street  without  permit.     See  Streets. 

commercial,  to  be  labeled  with  name  of  manufacturer  and  amount 

of  certain  constituents,  307. 
purchaser  may  recover  from  seller  if  constituents  are  not  as  stated 

in  label,  307. 
term  soluble  defined,  307. 

these  provisions  do  not  apply  to  manures  prepared  from  fish,  308. 
MARRIAGE,  registration  of  intentions  of,  118. 
false  certificate  of  intentions  of,  119. 
annual  return  of  marriages,  119. 
record  of.     See  Clerk  City,  119. 
MARSHAL,  CITY,  See  Police,  346,  347,  348. 
See  Carriages,  82,  88. 
See  Cows,  140. 
See  Dogs,  143. 
See  Health,  262,  264. 
See  Streets,  480,  483,  485,  488,  495,  496. 
See  Trees,  538. 


INDEX.  667 

MAESHAL,  DEPUTY.     See  PoUce. 

MASTERS  OF  VESSELS.     See  Harbor  of  Portland,  and  Health. 
MAYOR.    See  Charter. 

MAYOR  AND   ALDERMEN.     See  Charter. 
MEASURERS  OF  WOOD  AND  BARK.     See  Wood. 
MILITARY  COMPANIES.     See  City  Hall,  134. 

MILK,  inspectors  of,  shall  be  appointed  in  towns  of  not  less  than  3000  inhabi- 
tants, duties,  309. 
vessels  to  be  annoally  sealed,  310. 
penalty  for  selling  or  oflfering  injurious  milk,  310. 
milk  inspector,  powers  of,  311,  310.  , 

compensation,  311. 
duties  of  milk  vendors,  penalty,  310. 
MILLS,  lighting  or  smoking  cigar  or  pipe  in,  191. 
MINORS,  liquor  agent  not  to  sell  to,  49. 

must  be  specially  licensed  to  drive  hackney  carriage,  86. 
may  be  bound  out.    See  Paupers,  331. 
MONUMENTS.     See  Finance,  181. 

Cemeteries,  101. 
Engineer,  130. 
Streets,  479,  500. 
MORTGAGE  BONDS.     See  Railroads,  380. 
MORTGAGOR,  when  out  of  State,  122. 
MORTGAGES,  personal  property  to  be  recorded,  120. 
when  recorded,  120. 
how  redeemed,  121. 
foreclosure  of  same,  121. 
Holmes  note.     See  City  Clerk,  122. 
MUNICIPAL  OFFICERS.    See  Officers. 

NATURALIZATION,  selectmen's  duties   respecting  papers  of.    See  Elec- 
tions, 157, 
NOTICE.     See  Drains  and  Sewers,  146. 
#  Buildings,  76. 
Elections,  158. 
Railroads,  376. 
Taxes,  525. 
NUISANCES,  dangerous  buildings  may  be  adjudged,  proceedings,  317. 
powers  of  municipal  officers,  318. 
may  abate  nuisance,  318. 
owner  to  pay  expenses,  318. 


668  INDEX. 

NUISANCES,  enforcement  of  payment,  318. 

owner  aggrieved  may  apply  to  Supreme  Judicial  Court  or  justice  of 

for  jury,  318. 
jury,  how  empanneled,  318. 
verdict,  what  it  may  be,  318.  . 
may  be  accepted  or  rejected,  318. 
exceptions  taken,  proceedings,  318. 
costs,  how  paid,  319. 

provisions  not  applicable  unless  by  vote,  319. 
advertising  on  fences,  rocks,  &c.,  without  permission,  319. 
penalty,  319. 

certain  nuisances  described,  319. 

places  to  be  assigned  for  unwholsome  employments,  320. 
buildings  for  manufacture  of  gunpowder,  when,  320. 
burning  bricks  in  parts  of  a  town  prohibited  by  vote,  320. 
stationary  steam  engine  not  to  be  used  without  license,  321. 
duty  of  town  officers  on  application  for  license,  321. 
such  engine  erected  without  license  to  be  deemed  a  nuisance,  321. 
duty  of  town  officers  on  application  for,  321. 
power  of  town  officers  to  remove  such  engine,  321. 
steam  engines  and  the  proper  use  thereof,  321. 
penalty,  321. 

whistles  on  locomotives,  322. 
OFFAL.     See  Health,  267,  268. 

OFFICERS,  MUNICIPAL,  duties  as  to  liquor  agent.     See  Agent, 
duties  as  to  public  halls  or  buildings,  55,  56,  57. 
duties  as  to  auctioneers.     See  Auctioneers,  58. 
duties  as  to  cemeteries.    See  Cemeteries,  92. 
duties  as  to  children  abused,  110. 
duties  as  to  finance.     See  Finances,  182. 
power  of,  to  search  for  gunpowder,  192. 
election  of,  recorded.     See  City  Clerk,  125,  126. 

See  Elections.  165.  ^ 

See  Finance,  182. 

See  City  Clerk,  126. 

See  Schools,  440. 

See  pawn  brokers,  337. 

See  petroleum,  341. 
what  term  is  construed  to  imply.     See  City  Council,  129. 
treasurer.     See  City  Clerk,  126. 


INDEX.  669 

OMNIBUSES.     See  Carriages,  86,  87. 

ORDINANCES  AND  BY-LAWS,  towns  and  cities  may  make,  323. 
for  managing  prudential  affairs,  323. 
establishing  police  regulations,  322. 
respecting  infectious  diseases,  323. 
going  9,t  large  of  dogs,  &c.,  323. 
measure  and  sale  of  wood,  bark  and  coal,  324. 
sidewalks,  &c.,  324. 
omnibuses,  stages  and  fares,  324. 

protection  against  injury  from  falling  ice  and  snow,  324. 
by  laws  published,  324, 
regulating  sale  fresh  meat  and  fish,  324. 
location  of  trees  and  hydrants,  325. 
enacting  style  of  city  ordinances,  325. 
ordinances  to  be  published,  325. 
time  of  ordinance  taking  effect,  325. 
construction  of  ordinances,  rules  applicable,  325. 
fines  to  enure  to  use  of  city,  except,  326. 
OVERSEERS  OF  POOR,  to  be  chosen,  328. 
to  have  charge  of,  330. 
.may  bind  out  poor  children,  331,  332. 
to  relieve  poor  of  other  towns,  333. 

may  remove  persons  chargeable  to  places  of  residence,  333,  334. 
to  receive  and  provide  for  such  persons,  333,  334. 
may  send  notifications,  333,  334. 
to  relieve  paupers  not  belonging  in  the  State,  335. 

may  remove  such  paupers  out  of  State,  335. 

to  take  charge  of  effects  of  after  death  of  pauper,  336. 

may  prosecute  and  defend  suits,  336. 

may  complain  of  persons  intemperate,  335. 

See  Paupers.     Work  House. 
PAGEANTRY.     See  Amusements. 

PAPERS,  PERSONS  AND,  may  be  brought  before  Mayor,  42,  43. 
PARENTS  to  give  notice  of  births  and  deaths  to  City  Clerk,  120. 

of  abused  children  may  apply  to  have  custody  restored,  112. 

application  by  to  have  custody  of  children  restored.     See  Children, 
112. 

liable  if  minors  injure  schools,  442. 
PAUPERS,  city  to  support,  328,  330. 

settlements  of  how  acquired,  328,  329,  330. 

settlements  remain  till  new  ones  acquired,  330. 


670  INDEX. 

PAUPERS,  settlements  when  not  affected  by  revision  of  laws,  330. 

settlements  when  in  a  town,  duty  of  town  and  of  the  overseers,  330. 

kindred  of,  liable,  330. 

kindred  may  be  assessed,  how,  330,  331. 

minor  children  of,  to  be  bound  out,  331'. 

treatment  of  such  children  to  be  inquired  into,  331. 

damages  for  ill  treatment  of  such  children,  331. 

when  such  child  may  sue  master,  and  how,  332. 

such  child  running  away  to  be  arrested,  332. 

such  child  may  be  discharged  on  complaint  of  master,  332. 

adults  may  be  bound  out  for  a  year,  when,  332. 

adults  may  complain  to  court  when,  333. 

destitute  from  other  towns  to  be  relieved,  333. 

destitute,  when  may  be  put  in  jail,  so  far  as  needful,  for  support, 
333. 

notice  to  town  liable  for  relief,  333,  335. 

answer  to  same,  334. 

removed  and  returning,  when  to  be  sent  to  house  of  correction,  335. 

foreign,  may  be  removed  out  of  state,  335. 

towns  liable  to  individuals  for  private  support,  when,  335. 

intemperate,  to  be  complained  of,  335. 

liable  to  towns  for  support,  336. 

property  of  to  be  taken  after  decease  by  overseers,  336. 

suits  to  be  prosecuted  by  overseers,  336. 

penalty  for  bringing  into  a  town  where  he  has  no  settlement,  336. 

common  carriers,  liability  for  bringing  non-resident  pauper  into  the 
State,  336. 

soldier  not  to  be  made  pauper,  336. 

not  to  have  certificate  of  intention  of  marriage  issued  to,  118. 
See  Railroads,  414. 
PAWN  BROKERS,  licenses  may  be  granted  to,  337. 

to  keep  account  of  business  done,  337. 

to  furnish  memorandum  of  articles  pawned,  337. 

books  to  be  submitted  to  inspection,  337. 

penalty,  337. 

interest  on  loans,  not  to  exceed  certain  rates,  337. 

pawns,  &c.,  when. to  be  sold,  338. 

certain  sales  void,  338. 

surplus  proceeds  of  sales  how  disposed,  338. 
PEDLERS.     See  Hawkers  and  Pedlers. 


INDEX.  671 

PERAMBULATIONS  of  boundary  Unes,  64. 

laws  respecting,  64. 
PERMITS,  fee  for,  ordinance,  339. 

PENALTIES,  FINES  AND  FORFEITURES,  by  whom  received,  182. 
for  not  summoning  voters.     See  Constable,  166. 

permitting  cows  to  go  at  large.     See  Cows,  140. 

crying  libellous  matters,  141. 

not  confining  mischievous  dogs,  142,  144. 

neglecting  to  deposit  and  post  lists,  keep  check  lists,  reject  ille- 
gal votes,  166. 

striking  names  from  voting  lists,  166. 

voting  in  name  of  another,  167. 

making  ftilse  certificate,  167. 

neglecting  to  deliver  returns,  167. 

parading  on  election  day,  168. 

bribery  and  corruption  of  voters,  168. 

betting  on  elections,  169. 

packing  shingles  not  of  prescribed  dimensions,  297. 

packing  hogshead  hoops,  299. 

employment  of  children  under  certain  age,  305. 

selling  injurious  milk,  310.  , 

disturbing  schools,  441. 

Injuring  wells  and  pumps,  571. 

selling  wood,  bark  and  charcoal  unsurveyed,  575. 

selling  charcoal  from  unsealed  baskets,  576. 

obstruction  of  streets  by  Portland  "Water  Company,  551. 

corruption  of  water  or  injury  to  property  by  said  company,  551. 

adulterating  vinegar,  540. 

malicious  injury  to  trees,  537. 

permitting  horses,  &c.,  to  mutilate  trees,  538. 

removing  ornamental  trees,  538. 

refusal  by  cashier  of  bank  to  exMbit  books,  521. 

refusal  by  tax  collector  to  deliver  up  bills  of  assessment,  528. 
See  Agent  for  Sale  of  Liquors,  50,  51. 

Assessments,  53. 

Bowling  Allys,  53. 

Cemeteries,  92,  109. 

42 


672  INDEX. 

PENALTIES,  FINES  AND  rORFEITU|lES,  Clerk  City,  118,  125. 
See  Elections,  164,  165,  166,  167. 
Ferries,  175. 

Fire  Department,  191,  190,  192,  194,  195,  196. 
Flour,  211.  '  ■ 

Gas,  217. 

Gunpowder,  227,        , 
Harbor  of  Portland,  223,  239. 
Hawkers  and  Pedlers,  242. 
Hay,  243. 

Health,  260,  269,  268,  265,  263,  275,  276. 
Innholders,  283. 
Intelligence  Office,  285. 
Jurors,  289,  290. 
Schools,  431,  442.  ' 
Steam,  457. 
Streets,   479,  480,   481,    482,  483,  484,  485,  486,  487,  488,  489,  491, 

492,  494,  495,  496,  497. 
Tramps,  534. ' 

Weights  and  Measures,  565. 
Wells  and  Pumps,  521,  575,  576.  ^ 

PERGONAL  ESTATE,  what  it  includes,  511. 

PERSONS  AND  PAPERS,  mayor  and  aldermen  may  send  for,  42,  43. 
PETROLEUM,  inspection  of,  340. 
inspectors  of,  340. 
inspectors  shall  mark  casks,  340. 
inspectors,  compensation  of,  341. 
penalty  for  false  marks,  350.  • 

all  casks  to  be  inspected,  340. 
penalty  for  neglect,  341. 
PEWS.     See  Clerk,  124. 

PIPES  of  Water  Company  and  Gas  Company.     See  Streets. 
PHYSICIANS,  city  and  consulting,  to  be  chosen,  262. 
PILOTS,  appointment  of,  342.  * 

oath  and  bonds,  342. 
authority  and  liabilities,  342. 
suspension  and  removal  of,  342. 
board  of  trade  of  Portland  to  appoint,  342. 


INDEX. 

PILOTS,  liable  for  damages,  343.  • 

governor  and  council  to  fix  fees,  343. 

master  may  pilot  his  own  vessel,  343. 
PLACES.     See  Streets. 
PLANK.     See  Lumber. 
POLICE,  administration  of,  vested  in  mayor  and  aldermen,  345. 

cities  may  establish  police  regulations,  345. 

powers  of,  345. 

how  constituted,  345. 

may  require  aid,  346. 

penalty  of  refusing  aid  to,  346. 

of  Portland  appointed  by  mayor,  346. 

marshal,  how  appointed,  347. 

shall  give  bonds,  346. 

duties  of  marshal,  346. 

to  enforce  city  ordinances,  347. 

to  prosecute  offenders,  347. 

to  make  statement  of  prosecutions,  347. 

to  render  annual  account  of  moneys  received,  347. 

to  pay  over  moneys  to  city  treasurer,  347. 

to  comply  with  rules  and  regulations,  347. 

deputy  marshal,  how  appointed,  348. 

to  act  as  captains  of  city  watch,  348. 

compensation  of,  348. 

duties  of,  348. 

in  case  of  sickness,  mayor  to  appoint,  349. 

policemen  how  appointed,  349. 

compensation  and  duties,  349. 

watchmen  how  appointed,  349. 

duties,  349. 

policemen  and  watchmen  must  perform  extra  service,  349. 

compensation  for,  350. 

penalty  for  resistance  to,  351. 

uniform  of  police,  351. 

duties  as  to  petroleum,  341. 
POLLS,  time  of  opening  and  closing,  173. 
POLL  TAX,  on  whom  assessed,  610. 

Indians  and  persons  under  guardianship  exempt  from,  512. 


673 


674  INDEX. 

POOR,  children  may  be  bound  out,  331. 

See  Paupers. 
PORTLAND  AND  FOREST  AVENUE  RAILROAD.     See  RaHroads,  398. 
PORCHES  AND  PORTICOES,  not  to  project  into  street,  487. 
PORTLAND  GAS  LIGHT  COMPANY.     See  Gas. 
POWDER.     See  Gunpowder. 

magazine.     See  Gunpowder. 
PRESIDENT  Ot'  COMMON  COUNCIL.     See  Common  Council. 
PRIVATE  WAYS.     See  Streets. 
PRIVIES.     See  Health,  265,  268,  269,  270. 
PROPERTY,  embezzeling  at  fires,  larceny,  190. 
PROPRIETOR,  records  of,  how  preserved,  124. 
PROVISIONS  AND  DRINKS,  unwholesome,  256. 
PUBLIC  BUILDINGS,  committee  on  to  be  appointed,  352. 

to  have  care,  &c.  of  buildings  belonging  to  city,  352. 

proviso,  352. 

to  lease  buildings,  353. 

plan  of  buildings  to  be  erected  or  repaired,  to  be  prepared  by,  353. 

to  publish  notice,  353. 

proposals  of  work  to  be  sealed,  353. 

how  and  when  opened,  353. 

not  to  be  disclosed  till  contract  is  made,  353. 

proviso,  353. 

contracts  exceeding  five  hundred  dollars  to  b^  in  writing,  354. 

contracts  to  be  signed  by  mayor,  354. 

not  to  be  altered  unless,  &c.,  354. 

expenditures  not  to  exceed  appropriations,  354.  . 

purchases  of  land  to  be  under  direction  of  committee,  354. 

no  building  to  be  sold  without  order  of  city  council,  354. 

repairs  to  be  done  under  committee,  354. 

lease  from  Cumberland  county  to  city  of  Portland,  of  city  building, 
354. 
PUBLIC  PARKS  AND   SQUARES,  when  municipal  oflicers  may  take  land 
for,  359. 

duty  of  municipal  ofiicers  before  taking,  359. 

appeal  from  estimate  of  damages,  360. 

removing  gravel  from  public  grounds,  361.     v 


INDEX.  ^     675 

PUBLIC  PLACES,  the  word  streets  to  include,  497. 
PUBLIC  SQUARES.     See  Streets,  497. 
PUNISHMENTS.     See  Elections,  167,  168. 

See  Health,  254. 

See  Agent  for  Sale  of  Liquors,  50. 

See  Schools,  443,  445. 

See  Tramps,  535. 
QUARANTINE.     See  Health,  253,  254. 
RAILROAD  CORPORATIONS.     See  Streets,  490,  491. 
RAILROAD  ENGINES.     See  Nuisances,  322. 

See  Streets,  490. 

RAILROADS,  Atlantic  and  St.  Lawrence  R.  R.  Co.  aid  to,  act  of  1848.     Port- 
land to  loan  its  credit,  363. 
act  to  be  accepted  by  directors  of  company  and  by  inhabitants  of 

city,  363. 
city  treasurer  authorized  to  make  and  issue  scrip ;  in  what  quantities 

scrij)  may  be  delivered,  364. 
whole  amount  not  to  exceed  $1,000,000,  364. 
prerequisites,  364. 
proceeds  of  sale  of  scrip,  364. 

bond  to  be  given  treasurer  on  delivery  of  scrip,  364. 
collateral,  365. 
lien  created  on  railroad,  365. 
sinking  fund  and  its  commissioners,  365. 
bond  of  commissioners,  365. 
their  compensation,  ^65. 
how  the  fund  shall  be  constituted,  366. 
duty  of  commissioners,  366. 
treasurer  of  fund,  366. 
moneys  belonging  to  fund,  investment,  366. 
fund  to  be  reserved  for  redemption  of  scrip,  367. 
when  shares  held  as  coDateral  may  be  sold,  367. 
if  directors  fail  to  pay  into  sinking  fUnd,  per  centage  on  increase  of 

road,  367. 
commissioners  to  sell  collateral  shares,  367. 
conveyances  and  transfers,  368. 
record  to  be  kept  by  commissioners,  368. 


676  INDEX. 

EAILROADS,  annual  report,  368. 

power  of  Supreme  Judicial  Court  on  complaint  against  commis- 
sioners, 368. 

if  fund  exceed  amount  of  unredeemed  iScrip,  368. 

when  act  to  take  effect,  369. 

act  of  1850,  city  authorized  to  make  a  further  loan  to  same  railroad, 
369. 

when  act  to  take  effect,  369. 

scrip  to  be  issued,  369. 

amount,  370. 

date  and  how  applied,  370. 

bond  of  company  for,  370. 

security  to  be  given  if  required,  370. 

city  not  a  stockholder,  370. 

additional  lien,  371. 

sinking  fund,  371. 

how  raised,  371. 

reserved  for  specific  purpose,  371.  ^ 

shares  in  stock  exchanged  for  scrip,  373. 

commissioners  to  sell  stock  in  certain  cases,  373. 

record,  how  kept,  373. 

complaint,  matters  of,  how  adjusted,  374. 

excess  of  sinking  fund  how  applied,  374. 

lien  to  be  secured  by  mortgage,  374. 

mortgage,  how  executed,  &c.  375. 

neglect  of  duty  by  directors,  375. 

foreclosure  of  mortgage,  375. 

city  to  take  possession  of  the  road  in  case  the  company  omit  to  pay 
the  interest,  376. 

notice  how  served,  376. 

all  money  accruing  to  the  road  after  notice  given,  to  belong  to  the 
city,  377. 

penalty  for  misapplication  of  such  money,  377. 

writ  of  injunction  to  be  issued,  378. 

in  case  of  neglect  by  company,  city  to  appoint  directors,  378. 

act  when  to  take  effect,  378. 

act  of  1852,  further  loan  by  city  of  Portland,  to  same  railroad,  379. 

act  not  to  take  effect  unless  accepted  by  company  and  city  of  Port- 
land, 379. 


INDEX.  677 

RAILROADS,  return  of  votes,  how  made,  379. 

city  scrip,  how  issued  and  amount,  379. 

return  of  votes,  how  made,  379. 

city  scrip,  how  issued  and  amount,  379. 

application  of  scrip,  379. 

scrip  secured  by  penal  bond,  379. 

mortgage  bonds  equal  in  amount  to  scrip  to  be  issued  and  secured 
by  deed  of  trust  and  mortgage  of  road,  380. 

interest  warrants  cancelled  on  payment  of  interest,  380. 

trustees  authorized  on  non-payment  of  scrip  to  convey  title  to  city 
of  Portland,  380- 

city  to  hold  the  property  conveyed  as  security,  381. 

act  of  1853,  further  loan  by  city  to  same  railroad,  381. 

when  this  act  shall  take  effect,  381. 

returns  of  ward  meetings  held  in  accordance  with  said  axjt,  how 
made,  381. 

issuance  of  scrip  upon  acceptance  of  act,  381. 

amount  of  icrip  under  this  act  limited  to  $350,000,  382. 

proceeds,  how  applied,  382. 

payment,  secured  by  mortgage  of  road,  382. 

how  recorded,  382. 

failure  to  perform  its  conditions,  382. 

act  when  to  take  effect,  382. 

act  of  1868,  further  loan  under,  383. 

city  council  may  arrange  for  an  extension  of  the  company's  obli- 
gations, 383. 

said  council  invested  with  additional  powers,  383. 

commission  of  sinking  fund  to  receive  contributions  for  a  further 
sinking  fund,  383. 

their  powers,  duties  and  succession,  383. 

investments  of  funds,  how  made,  383. 

upon  mortgages  of  real  estate,  interest,  384. 

contributions  to  sinking  fund,  when  and  how  made,  384. 

duties  and  liabilities  of  city  treasurer  in  respect  to  such  fund,  384. 

city  council  may,  upon  petition  provide  for  sinking  ftind  in  Eng- 
land, 384. 

commissioners  for  latter  fund,  by  whom  appointed,  384. 

payments  and  contributions  to  same,  when  made,  384. 

its  commissioners  to  be  subject  to  regulations  made  by  city  council, 
385. 


fi78  INDEX. 

RAILROADS,  responsibility  of  railroad  company  regarding  safe  keeping  and 

application  of  funds,  385. 
lien  of  city  not  impaired,  385. 
act,  when  accepted,  385. 
act  of  1872  authorizing  a  loan  by  the  city  in  aid  of  construction  of 

P.  &  O.  Railroad,  385. 
duties  of  city  treasurer  upon  acceptance  of  act,  386. 
penal  bond  from  company  to  city,  386. 
mortgage  bonds  of  company  also  delivered  to  city,  386. 
if  any  portion  of  scrip  is  unredeemed  and  outstanding  at  maturity 

of  bonds,  francliise  of  company  may  be  assigned  to  the  city, 

387. 
sinking  fund  and  commissioners,  388. 
investments  by  commissioners,  389. 
shares  of  company  held  by  the  city  as  collateral,  389. 
record  kept  by  commissioners,  390. 
power  of  Supreme  Judicial  Court  upon  complaint  of  mayor  and 

aldermen  or  of  directors  of  company  against  commissioners, 

390. 
in  case  sinking  fund  should  exceed  scrip  unredeemed,  390. 
bonds  of  city,  when  issued  and  in  what  amounts,  391. 
when  foregoing  act  to  take  effect,  391, 

Portland  and  Forest  Avenue  Railroad  Company,  its  charter,  391. 
location,  how  determined,  392. 
shall  make  no  erections  within  tide  waters,  of  Back  Cove,  without 

&c.,  392. 
term  of  original  location,  393. 
renewal  of  terms,  393. 

if  at  expiration  of  terms  use  of  streets  «&c.  is  granted  any  other  cor- 
poration, 393. 
said  corporation  shall  purchase  &c.,  393. 
connection  of  similar  corporation,  393. 
compensation  how  determined,  394. 
municipal  officers  of  Portland  and  of  Westbroak  shall  have  power, 

&c.,  394. 
corporation  to  keep  streets  in  repair,  394. 
penalty  and  punishment  for  obstructing  its  roads,  capital  stock, 

amount  and  how  divided,  395. 
corporation  may  hold  real  and  personal  estate,  395. 


INDEX.  679 

RAILROADS,  its  railroad  constructed  under  direction  of  city  and  town  officers, 

its  grades  and  crossings,  395. 
corporation  authorized  to  issue  bonds,  395. 
approval  of  said  bonds,  396. 
how  they  are  secured,  396. 
sinking  fund  and  its  trustees,  396. 
certain  legislative  acts  made  applicable  to  bonds,  396. 
when  act  approved,  397. 

act  additional  to  the  foregoing,  railroad  extended,  397. 
capital  stock  increased,  397. 
use  of  dummy  engines  authorized,  397. 
corporate  name  changed,  397. 
GEJfERAL  Railroad  Enactments. 

city  authorized  to  sell  interest  in  or  reorganize  P.  &  O.  Railroad  or 

P.  &  R.  Railroad,  397. 
any  stockholder  in  any  railroad  may  call  for  a  stock  vote  at  any 

meeting  of  &c.,  398. 
towns  may  aid  in  constrncting  railroads,  398. 
may  erect  gates  at  railway  crossings,  398. 
taxation  of  railroad  buildings,  399. 
annual  excise  tai,  399. 
how  ascertained,  399. 

governor  and  council  to  determine  amount  of  such  tax,  400. 
when  payable,  400. 

applications  and  proceedings  for  abatement,  400. 
duty  of  railroad  commissioners,  401. 
inconsistent  acts  repealed,  401. 

railroad  company  may  construct  side  tracks  to  mills,  &c.,  401. 
railroad  crossing  railroad  or  canal,  402. 
repair  of  bridges  and  abutments,  402. 
paupers  brought  into  State  by,  402. 
when  city  or  town  is  entitled  to  director  in,  403. 
location  of  tracks,  of  Portland  and  Forest  Avenue  Railroad,  404. 
routes  of  road,  404. 
turn  outs,  405. 

tracks  to  be  laid  in  or  near  centre  of  streets  grades  and  curves,  405. 
construction  of  tracks,  405. 
company  must  pave  between  their  tracks,  remove  snow  and  ice, 

&c.,  406. 


680  INDEX. 

General  Railroad  Enactments. 

rules  and  regulations,  407. 

additional  location,  409. 

A.  &  St.  L.  R.  R.  Co.,  agreement  of  October  31,  1868,  410. 
REAL  ESTATE,  pews  deemed  to  be,  124. 
REBUILDING  BURNED  DISTRICT,  bonds  to  aid  in,  416. 

four  commissioners  to  negotiate  loan,  how  appointed,  416. 

compensation  and  duties,  416. 

may  loan  on  mortgage  of  real  estate  the  proceeds  of  bonds,  417. 

sinking  fund,  417. 

moneys  to  be  invested  in  securities,  417. 

vacancies,  how  filled,  417. 
REBUILDING  BURNED  DISTRICT,  removals,  how  made,  417. 

supreme  judicial  court  empowered  to  adjudicate  upon  complaints 
against  commissioners,  417. 

city  treasurer  to  have  custody  of  moneys,  his  duties  &c.  418. 

accounts,  records  and  reports,  418. 

acceptance  of  act,  418. 

bonds  may  be  cancelled,  418. 

order  relating  to  bonds,  419. 
RECORD,  of  sales  by  liquor  agent,  50. 

of  doings  of  board  of  aldermen,  see  city  clerk,  126. 

of  conventions  of  city  council,  126. 

intentions  of  marriage,  118. 

of  births  and  deaths,  119. 

of  mortgages  of  personal  property,  121. 

of  Holmes'  note,  122. 

lien  on  building  and  lot,  122. 

of  attachment  of  vessels  on  stocks,  123. 

of  sales  of  personal  property  to  enforce  lien,  123. 

proprietors  records,  how  preserved,  124. 

city  clerk  may  make  record  of  his  own  election,  125. 

of  lots  sold.     See  Cemeteries,  107. 

of  licenses  granted,  282. 

of  sinking  fund,  commissioners.     See  Railroads,  373. 

of  orders  given  under  provisions  in  regard  to  trees.     See  trees,  539. 
RECORDER.     See  Municipal  Court,  314. 
RECORDS  of  deaths  and  marriages.     See  City  Clerk. 


INDEX.  681 

REGISTER.     See  Schools,  440. 

REMEDIES.    See  Taxes,  517. 

REPRESENTATIVES    TO  LEGISLATURE,  method  of  voting  for.      See 

Elections,  164. 
RESERVOIRS.     See  Fire  Department,  194. 
RESIDENCE.     See  Elections,  156. 
RETURNS.     See  Elections,  163,  et  seq. 
RIDING  upon  outside  of  carriages.     See  Carriages,  91. 
RIOTS,  if  three  or  more  persons,  &c.,  420. 

one  person  may  be  convicted  without  the  others,  421. 

duty  of  magistrates  and  oflScers  to  disperse  unlawful  assembly,  421. 

when  rioters  refuse  to  disperse,  421. 

if  any  person  is  killed  or  wounded,  officers  held  guiltless,  422. 

punishment  for    pulling  down  houses  or  premeditated  personal 
injuries,  422. 

liability  of  town  for  injury  by  mobs,  422. 

in  case  of  riot,  marshal  and  officers  to  repair  to  place  of  riot,  423. 

to  use  ower  and  authority  to  disperse  mob,  423. 
ROCKETS.     See  Fire  Department,  193. 
ROOFS,  water  from,  ordinance,  153. 
RULES  AND  ORDERS,  598  to  596. 
SALE,  of  second  hand  articles,  junk,  &c.,  424.  , 

mayor  and  aldermen  authorized  to  grant  licenses  to  persons  for 
certain  purposes,  424. 

to  designate  place  of  business,  &c.,  424. 

persons  not  licensed,  liable,  424. 

penalty,  how  recovered,  424. 

cities  may  establish  ordinances  regulating,  425. 
SAWING,  wood  upon  sidewalks.     See  Streets,  495. 
SCALES.     See  Weights  and  measures,  hay,  weigher  of  hard  coal,   weigher 

of  plaster. 
SCHOOL  AGENTS.     See  Schools. 
SCHOOL  COMMITTEE.     See  Schools. 
SCHOOL  FUND.     See  Schools. 
SCHOOL  INSTRUCTORS.     See  Schools. 


682  INDEX. 

SCHOOL  RETURNS.     See  Schools. 

SCHOOLS,  towns  may  determine  number  and  limits  of  school  districts,  428. 

school  in  a  district  may  be  suspended,  428. 

how  part  of  money  may  be  expended,  428. 

towns  may  choose  agents,  428. 

vacancies,  how  filled,  428. 

school  money  may  be  paid  only  on  written  order  of  town  officers  on 
vouchers,  428. 

this  provision  does  not  apply  to  Portland,  429. 

school  money  in  Portland  how  paid,  429. 

towns  may  abolish  school  districts,  429. 

property,  appraisal  of,  429. 

tax,  how  levied,  429, 

remitted  to  district,  429. 

powers  and  liabilities  of  districts  to  continue  for  certain  purposes,  429. 

duties  of  districts,  429. 

districts  to  raise  for  school  purposes  not  less  than  80  cents  per  in- 
habitant, 429. 

towns  neglected  not  entitled  to  State  school  fund,  430. 

towns  may  provide  school  books,  430. 

apportionment  of  school  money  among  the  smaller  districts  in  the 
several  towns,  430. 

towns  to  choose  committee  or  supervisor,  430. 
,      superintending  school  committee  may  appoint  one  of  their  number 
to  perform  certain  duties,  431. 

penalty  for  town  failing  to  choose  committee  or  supervisor,  431. 

children  required  to  attend  public  school  twelve  weeks  in  a  year,  431. 

exception,  431. 

penalty  for  non-compliance,  431. 

penalty  to  boy  refusing  to  attend,  431. 

duty  of  committee  to  enforce,  432. 

mill  tax  for  support  of  schools,  432. 

how  assessed  and  collected,  432. 

distribution,  432. 

any  portion  unexpended  to  be  added  to  permanent  school  fund,  432. 

cities  and  towns  authorized  to  make  laws  concerning  truants,  432. 

persons  appointed  to  make  complaint,  432. 

truants  placed  in  suitable  institutions,  433. 

school  committee  of  Portland  how  constituted,  act  of  1881,  433. 


INDEX.  683 

SCHOOLS,  mayor  to  be  chairman,  433. 

not  restricted  as  to  wards,  433. 

vacancy,  how  filled,  433.  * 

powers  and  duties  of  said  committee,  434. 

election  of  superintendent,  434. 

estimates  to  be  furnished  city  council,  434. 

no  member  to  receive  compensation,  434. 

powers  not  conferred  upon  committee  vested  in  city  council,  434. 

inconsistent  acts  repealed,  434. 

school  committee  to  be  sworn,  434. 

school  committee  when  first  chosen  shall  arrange  term  of  oflSce, 

vacancies,  434. 
duties  of  school  committees,  435. 
school  week  and  month,  435. 
examine  candidates  for  instructors,  435. 
give  certificates  to  teachers,  436. 
examine  schools,  436. 

may  dismiss  teachers  for  sufficient  cause,  436. 
give  certificate  in  such  cases,  436. 
may  expel  disorderly  scholars,  437. 
may  expel  scholars  not  vaccinated,  437. 
direct  expenditures,  437. 

prescribe  sums  to  be  paid  in  certain  cases,  437. 
may  classify  scholars,  437. 
to  make  annual  report,  437. 
as  amended,  437. 
shall  make  annual  statement,  437. 

school  district  agents  authorized  to  employ  teachers,  439. 
to  notify  school  committee  when  school  is  to  commence,  439. 
to  return  lists  of  persons  from  4  to  21  years  of  age,  439. 
if  he  neglects,  439. 

committee  to  furnish  books  if  parents  or  guardians  neglect,  439. 
compensation  for  superintending  school  committee  andsuper\asors, 

440. 
assessors  or  municipal  officers  to  make  sworn  statement  to  state 

superintendent,  440. 
duties  of  instructors  to  keep  school  register,  440. 
inculcate  morality,  justice  and  patriotism,  441. 
penalty  for  disturbing  schools,  441. 


684  INDEX. 

SCHOOLS,  minor  injuring  schoolhouse,  parents  liable,  442. 

penalty  for  defacing  schools,  442. 
•  innliolders  and  shopkeepers  not  to  give  credit  to  students,  442. 

general  provisions  relating  to  schools,  442. 

acts  relating  to  free  high  schools,  442. 

in  relation  to  school  exercises  and  examinations,  442. 

exercises  and  examinations,  442. 

school  committee  to  elect  and  remove  instructors,  443. 

to  determine  their  salaries,  443. 

to  apportion  salaries  of  instructors,  443. 

children  must  be  vaccinated  before  attending,  443. 

required  to  attend,  443. 

punishment  for  not  attending,  443. 

truant  officer  to  be  appointed,  444. 

places  of  punishment,  445.  ' 

hajDitual  truants,  445. 

punishment  of  children  between  the  ages  of  8  and  16,  445. 

buildings,  superintendent  of,  445. 

his  duties,  446. 

non-resident  children,  446. 
SEAL  OF  THE  CITY,  its  motto,  448. 

effect  upon  contract,  448. 
SEALER  OF  WEIGHTS  AND  MEASURES,  565. 
SECOND  HAND  ARTICLES,  sale  of,  424. 
SELECTMEN.     See  Elections,  165. 
SEWERS.     See  Drains  and  Sewers. 
See  Engineer,  City,  131. 
SHADES  AND  AWNINGS  REGULATED.     See  Streets,  485. 
SHEEP.     See  Streets,  489. 
SHERIFFS.     See  Jurors  and  Riots. 
SHINGLES.     See  Lumber,  297. 
SHIPS.     See  Health,  253,  254. 

See  Harbor  of  Portland,  238. 
See  Gunpowder,  226. 
SHOW  BILL.     See  Buildings,  78. 
SHOWS.     See  Amusements,  53. 
SICKNESS.     See  Health,  Infectious  Diseases  and  Nuisances. 


INDEX.  685 

SIDE  TRACKS.     See  Streets,  491. 
SIDEWALKS.     See  Streets,  494,  495,  496,  497. 
SIGNS,  not  to  project  into  streets,  486. 
SINKING  FUND.     See  Railroads,  360. 

commissioners  of,  381. 

committee  on  reduction  of  city  debt,  450. 

appropriations  for  payment  of  city  debt,  450. 

duty  of  auditor,  451. 

committee  may  loan  to  city  treasurer,  451. 
SLEDS.     See  Carriages,  87. 
SLEIGHS.     See  Carriages,  87. 
SMALL  POX..     See  Health,  255,  256. 
SNOW,  to  be  removed  from  footway  or  sidewalk,  496. 

this  provision  applies  to  snow  falling  from  buildings,  497. 

thrown  into  streets  must  be  spread  evenly,  497. 
SNOW-BALLS,  not  to  be  thrown  in  streets,  484. 
SOLDIERS  AND  SEAMEN.     See  Elections,  156,  159. 

See  Hawkers  and  Pedlers,  241. 

See  Liquor  Agent,  49. 
SOLE  LEATHER.     See  Leather. 
SOLICITOR,  how  chosen,  qualifications,  452.    . 

duties,  452. 

to  commence  and  prosecute  suits,  452. 
SOLICITOR,  to  appear  before  legislature  and  committee  thereof,  453. 

to  furnish  legal  opinions,  453. 

to  make  aliuual  reports  to  city  council  of  unfinished  business,  453. 
SQUARES,  the  word  street  to  include,  497. 
STABLES,  lively,  buildings  not  to  be  occupied  for,  without  direction  of  muni. 

cipal  oflicers,  75. 
STANDING  WOOD  AND  TIMBER,  lien  thereon  for  payment  of  taxes,  513. 
STATE  COMMISSIONER,  liquor  agents  to  purchase  of,  50. 

school  fund.     See  Schools,  430. 
STATIONERY  AND  BLANK  BOOKS.     See  City  Clerk,  127. 
SOLDIERS  AND  SEAMEN,  liquor  agent  not  to  sell  to,  49. 
STAVES.     See  Lumber,  298. 
STONES  AND  MONUMENTS.     See  Cemeteries,  101. 


6S6  INDEX. 

STEAMBOATS.     See  Ferries,  176. 

STEAM  ENGINES.     See  Nuisances,  321. 

STEAM  HEATING  COMPANY,  charter  of  1880,  454. 

capital  stock,  454. 

privileges,  455,  456. 

not  to  obstruct  public  travel,  454. 

management  by  board  of  directors,  456. 

authority  to  city  after  ten  years,  456. 

franchises  continued,  457. 

penalty  for  obstructing  streets,  457. 

actions  against  for  injuring  private  property,  458. 

in  control  of  city,  458. 

act  to  take  effect  vs^hen,  458. 
STEELYARDS  may  be  used  after  being  sealed.      See  Weights  and  Meas- 
ures, 565. 
STEPS  not  to  project  into  streets,  487. 

STOCKHOLDER,  city  of  Portland  not.     See  Railroads,  370, 
STONES,  not  to  be  throv^n  in  streets. 
STOVEPIPES,  when  defective  must  be  removed  or  repaired,  191. 

if  set  on  fire,  penalty,  195. 
STREETS,  authority  of  city  council,  463. 

land  damage,  464. 

damages  by  laying  out  or  widening  streets,  how  apportioned,  465. 

form  of  notice  to  owners  of  lots  assessed,  466. 

owner  aggrieved  by  assessment,  467. 

proceeding  where  no  appeal  and  assessment  not  paid,  467. 

recovery  of  assessment  by  action,  468. 

original  location  of  streets,  how  ascertained,  468. 

persons  may  object  to  report,  468. 

obstruction  of,  on  public  occasions,  468. 

powers  of  county  commissioners  to  include  cities,  469. 

excavations,  how  made  469. 

damages  by  raising  or  lowering,  469. 

sliding  and  coasting  on,  470. 

townways  across  or  under  railways,  how  built,  470. 

when  not  at  grade,  470. 


INDEX.  687 

STREETS,  ways  already  laid  out,  470. 

costs  may  be  taxed  and  allowed  to  either  party  at  the  discretion  of 

the  court,  471. 
majority  of  voters  of  town  may  re-instate  town  way  discontinued  by 

.  county  commissioners,  471. 
public  highway  may  be  constructed  in  Portland  into  tide  waters,  472. 
ferry-way  and  landing,  472. 
towns  may  raise  and  assess  money  for  bridges  and  ways  as  other 

taxes,  472, 
ways  to  be  left  open  and  in  repair,  472. 
ways  on  line  between  towns,  473. 
how  divided  and  repaired,  473. 
municipal  oflScers  to  assign  limits  to  surveyors,  473. 
towns  raise  money,  474. 
persons  injured  by  defect  in  highway  may  recover  damages,  act  of 

1877,  474. 
amount  of  damages  limited,  act  of  1879,  475. 
slippery  sidewalk  no  cause  of  action,  475. 
notification  of  defect,  475. 
buildings  or  fences  existing  twenty  years  on  street  or  way  deemed 

true  bounds,  476. 
towns  must  maintain  guide  posts  at  crossings  of  ways,  penalty,  476. 
municipal  officers  to  erect  guide  posts,  penalty,  476. 
in  relation  to  laying  sidewalks,  476. 
names  of  streets  to  be  continued,  477. 
committee  to  lay  out  new  streets,  477. 
to  estimate  damages,  477. 
to  report  to  city  council,  477. 
commissioner  of  streets  elected,  478. 
sworn,  compensation,  and  how  removed  and  successor  appointed, 

478. 
duties,  478. 

to  keep  all  streets  safe  and  convenient  for  travellers,  478. 
to  attend  to  widening,  alteration,  repairs,  &c.,  of  streets,  488. 
to  make  contracts,  478. 
to  have  charge  of  teams,  478. 

street  commissioner's  powers  pass  to  commissioner  of  streets,  478. 
must  pay  damages  from  his  own  neglect,  478. 
must  make  himself  acquainted  with  lines  of  streets,  479. 

43 


688  INDEX. 

STREETS,  shall  make  arrangements  with  overseers  of  alms  house  for  supply 
of  labor,  479. 
shall  discharge  all  bills  once  a  month,  479. 
render  account  to  board  of  aldermen,  479. 
present  annual  account  to  committee  of  accounts,  479. 
shall  erect  stone  monuments  and  record  them,  479. 
removal  of  monument,  penalty,  480. 

land  lots  dangerous  to  travellers,  to  be  fenced  in,  penalty,  480. 
streets  not  to  be  dug  up  or  gravel  removed  from  without  license, 

penalty,  480. 
when  broken  up,  to  be  repaired,  penalty,  481. 
no  drain  or  aqueduct  to  be  opened  or  repaired  without  license, 

penalty,  481. 
when  license  granted,  repairs  must  satisfy  the  commissioners,  481. 
one  half  of  street  to  be  kept  open,  481. 
railing  and  light  required,  penalty,  481. 
notice  to  be  given  of  intention  to  erect  or  repair  buildings  on 

streets,  482. 
portion  of  street  to  be  alloted,  482. 

rubbish,  &c.,  to  be  carried  away  at  such  times  as  mayor  directs,  482. 
neglected,  to  be  removed  at  expense  of  person  building,  482. 
portion  of  street  so  alloted  must  be  lighted,  penalty,  482. 
lumber,  stones  and  building  materials  not  to  be  placed  in  streets  to 

remain  over  six  hours  without  permission  of  mayor  and 
,       aldermen,  penalty,  483. 
such  lumber,  &c.,  may  be  removed  at  expense  of  owner,  483. 
may  be  sold  at  auction  if  owner  refuse  to  remove  them,  483. 
no  person  to  blast  rocks  within  fifty  rods  of  street  without  license, 

penalty,  483. 
no  person  to  play  bat  and  ball  or  throw  snow  balls  in  streets, 

penalties,  484. 
no  person  to  shoot  with  bow  and  arrow,  or  fly  kites,  penalties,  484. 
no  person  shall  coast  upon  a  sled  or  skate  on  streets,  penalty,  484. 
gaming  tables  and  devices  not  to  be  exposed  on,  484. 
nor  play  at  unlawful  games  on,  penalties,  484. 
np  person  to  swim  or  bathe  in  exposed  situations,  penalty,  484. 
manure  not  to  be  taken  from  streets  without  permission  of  com- 
missioner, penalty,  484. 
streets  shall  not  be  obstructed  by  moving  of  buildings,  485. 
building  remaining  in  street  beyond  time  of  permit,  485. 


INDEX.  689 

STREETS,  to  be  removed  by  city  marshal,  penalties,  485. 

no  goods  or  merchandise  to  project  into  streets,  penalty,  485. 

regulations  as  to  awnings  and  shades,  penalty,  485. 

signs,  &c.,  not  to  project  into  streets,  penalties,  486. 

making  noises  in  streets,  penalty,  486. 

grinding  cutlery  in  streets  forbidden,  penalty,  487. 
.  porticoes,  porches,  &c.,  not  to  project  into  streets,  penalty,  487. 

cellar  doors,  «S:c.,  487. 

not  to  remain  open  unless  licensed,  487. 

lights  to  be  kept  at  entrances,  penalties,  487. 

entrance  and  steps  to  be  secured  with  railings  or  chains,  487. 

lights  to  be  placed,  penalties,  488. 

aperture  or  coal  holes  not  to  be  made  without  license,  penalty,  488. 

if  left  open,  penalty,  488. 

gratings  in  sidewalks  not  to  extend  more  than  eighteen  inches, 
penalties,  488. 

mayor  and  aldermen  may  authorize  the  construction  of  coal  holes 
and  gratings,  489. 

not  to  extend  more  than  three  feet,  489.  t 

horses  shall  not  be  driven  in  street  at  faster  rate  than  six  miles  an 
hour,  penalty,  489. 

horse,  cattle  and  swine  running  at  large,  penalty,  489. 

horse  s  or  other  animals  not  to  be  frightened  by  persons  wantonly 
making  noises,  &c.,  penalty,  489. 

speed  of  trains  on  Commercial  St.  regulated  and  bells  of  locomo- 
tives to  be  rung,  490. 

brakemen  to  be  at  brakes,  491. 

penalties,  491. 

articles  to  be  unloaded  on  south  east  side  of  railroad  track,  491. 

not  to  obstruct  streets  leading  to,  or  passage  ways,  491. 

after  four  o'clock  in  the  evening  may  be  unloaded  on  the  northwest- 
*    erly  side,  491. 

engines,  &c.,  not  to  obstruct  streets  or  passage  ways,  491. 

side  tracks  or  turnouts,  not  to  be  laid  without  permit  of  mayor, 
491. 

street  commissioners  to  superintend  the  same,  492. 

vessels  or  boats  not  be  made  fast  to  sea  walls  or  coping  stones,  492.- 

not  to  lay  so  as  jib-boom,  &c.,  may  project,  492. 

articles  not  to  be  shipped  or  landed  over  coping  stones,  492. 

penalties,  492. 


690  '     INDEX. 

^STREETS,  width  of  sidewalks  regulated,  492. 

sidewalks  may  be  accepted  after  put  in  repair,  492. 

sidewalks  relinquished  maintained  at  expense  of  city,  proviso,  492. 

bricks  and  sand  to  be  furnished  to  lay  sidewalks,  493. 

to  be  laid  under  direction  of  street  commissioners,  493. 

specifications,  493. 

when  city  council  require  sidewalks  to  be  paved,  493. 

city  to  assume  one  half  the  the  expense,  494. 

names  of  streets  to  be  recorded  494. 

alteration  in  sidewalks,  494. 

posts  and  trees  not  to  be  set  without  consent,  penalty,  494. 

carriages,  handcarts,  &c.,  not  to  go  on  sidewalks,  494. 

horses  or  other  animals  not  to  stand  upon  sidewalks,  penalty,  494. 

wood  not  to  be  sawed  or  split  upon  sidewalks,  penalty,  495. 

persons  not  to  stand  in  a  group  upon  sidewalk  or  cross-walks  so  as 

to  obstruct,  penalty,  495. 
refusing  to  move  on,  penalty,  495. 

goods  not  to  be  placed  upon  sidewalks  to  obstruct,  penalty,  496. 
penalty  after  notice,  496. 

snow  to  be  removed  from  footway  or  sidewalk,  496. 
penalty,  496. 

provision  applies  to  snow  falling  from  any  building,  497. 
ice  to  be  removed  or  covered  with  sand,  penalty,  497. 
thrown  into  streets  to  be  placed  evenly  and  broken  into  small  pieces, 

497. 
word  streets  to  include  alleys,  lanes,  &c.,  unless,  497. 
provisions  of  preceding  section  not  to  limit  rights  and  duties  of 

street  commissioners,  498. 
Back  Cove  flats,  498. 
lines  and  grades  of  streets,  498. 
encroachments  on,  499, 
new  and  old  grades,  499. 
petitions  for  grades,  committee  to  submit  plans  and  estimates  for 

paving,  499. 
numbering  buildings  and  lots,  499,  500. 
monuments,  500. 
streets  kept  clear,  501. 

opening,  where  w^ater  or  gas  pipes  are  laid,  501. 
excavations,  502. 
further  duties  of  commissioners,  602. 


INDEX.  691 

STUDENTS.     See  Elections,  156. 
SUPERINTENDENT.    See  Cemeteries,  97. 
See  Health,  271,  272. 
SUPREME  JUDICIAL  COURT.     See  Courts. 
SURVEYORS  OF  LUMBER.     See  Lumber. 
SWIMMING,  so  as  to  be  exposed  to  view,  484. 
SWINE,  not  to  run  at  large.     See  Streets,  489. 

TAXATION,  exemption  from.     See  Manufacturing  Establishments,  305. 
TAXES.    See  Assessors,  in  charter,  28,  29. 

poll  tax,  on  whom  assessed,  510.  • 

real  and  personal  property  taxable,  510. 

real  estate,  what  is  included,  510. 

real  estate  of  railroad  corporations  regarded  as  non-resident  land, 
510. 

track  not  regarded  as  real  estate,  510. 

personal  estate,  what  it  includes,  511. 

property  of  religious  societies  exempted  to  a  certain  extent,  511. 

certain  other  property  exempt,  511. 

polls  and  estate  of  Indians  and  polls  of  persons  under  guardianship 
exempted,  512. 

manufacturing  establishments  with  two  thousand  dollars  invested 
exempt  for  ten  years,  512. 

mines  exempt,  512. 

aqueducts,  pipes  and  conduits  in  certain  cases  exempt,  513. 

poll  tax  where  assessed,  513. 

standing  wood  and  timber  to  whom  assessed,  513. 

lien  created  thereon,  513. 

landlord  and  tenant  to  pay  equally,  513. 

personal  estate  taxable  where  owner  resides,  514. 

exenf^ted  cases,  514. 

goods,  wares,  merchandise  and  lumber,  where  taxed,  514. 

machinery  and  real  estate  belonging  to  corporations,  where  taxed, 
514. 

mules,  horses,  neat  cattle,  sheep,  sheep  and  swine  taxed  where  kept, 
514. 

personal  property  of  minors  and  wards  assessed  to  guardians,  515. 

personal  property  held  in  trust  for  a  married  woman  by  executor,, 
admiristrator  or  trustee,  515. 


692  INDEX. 

TAXES,  personal  property  placed  in  the  hands  of  any  corporation  as  funds  in 
trust,  515. 

personal  property  of  deceased  persons,  515. 

property  held  by  religious  societies,  516. 

toll  bridges  taxed  as  personal  property,  stock  of  gas  or  water  sup- 
plying corporation,  516. 

duties  of  assessors,  516. 

clerks  of  corporations  failing  to  make  returns,  517. 

franchise  may  be  sold  in  certain  cases,  517. 

blood  animals,  517. 
«  personal  property  of  non-residents,  517. 

lien  in  favor  of  person  paying  tax,  517. 

remedy  for  paying  more  than  proportion  of  tax,  517. 

stock  of  companies  invested,  how  taxed,  518. 

mortgaged  personal  property,  how  taxed,  ,618. 

real  estate  of  deceased  persons,  how  taxed,  518. 

partners,  personal  property,  519. 

lands  may  be  assessed  to  owners  or  tenants,  519. 

part  owner  may  be  taxed  and  pay  separately,  519. 

assessments  may  continue  to  be  made  on  same  person  till  notice 
given,  520. 

property  of  certain  corporation,  for  manufacturing,  &c.,  where  taxed, 
520. 

stock  of  banks  where  taxed,  520. 

bank  stock  out  of  State,  520. 

cashiers  required  to  exhibit  books,  521. 

deliver  certified  copy  of  dividend,  521.  j 

shares  to  be  taxed  in  the  town  where  bank  is  located,  when  resi- 
dence of  holder  is  unknown,  or  out  of  the  State,  521. 

collector  to  give  notice  to  cashier  or  president  of  bank,  522. 

powers  of  collectors,  522. 

actions  maintained  by  treasurers  of  towns  and  cities,  522. 

supplementary  assessments  may  be  made  to  correct  mistakes,  522. 

treasurer  of  State  to  issue  warrant  for  State  tax,  523. 

what  warrant  requires,  523. 

assessors  to  be  governed  by  the  rules  established,  524. 

assessors  responsible  for  personal  faithfulness  only,  524. 

collectors  how  chosen,  524. 

fees  and  travel  of  collectors,  524. 

collector  to  receive  a  warrant,  525. 


INDEX.  693 

TAXES,  to  give  approved  bond,  525.     ^ 

constable  or  collectors  to  give  receipt  on  demand,  525. 

collector  may  sue  in  his  own  name>  525. 

distrain  if  tax  not  paid,  525. 

may  imprison  after  twelve  days'  notice,  525. 

without  such  notice  in  certain  cases,  526. 

when  payable  by  installments  and  person  about  to  remove,  526. 

former  collector  to  complete  collection,  526. 

shares  in  corporation  may  be  distrained,  526. 

oflScers  of  corporation  to  give  certificate  of  shares,  526. 

collector  may  collect  in  any  part  of  State,  526. 

may  bring  action  of  debt  in  certain  cases,  527. 

assessment  not  void  if  including  sums  for  an  illegal  object,  527. 

collections  how  made  if  non-residents  of  improved  land,  527. 

chattels  of  non-residents,  527. 

collector  impeded  may  demand  aid,  and  person  refusing  is  subject 
to  penalty,  528. 

account  of  collections,  528. 

collectors  removing  required  to  give  up  tax  bills,  528. 

penalty  for  refusing  to  deliver  tax  bills,  528. 

when  collector  dies,  528. 

sums  over  paid  to  be  restored,  529. 

State  Treasurer  may  issue  warrant  against  delinquent  treasurer, 
529. 

towns  to  pay  when  collector  fails  to,  529. 

assessors  in  such  case  to  make  new  assessment,  530. 

when  action  of  debt  may  be  maintained,  and  costs  thereof,  530. 

additional  remedy  against  corporations,  530. 

time  fixed  for  paying  tax,  interest,  530. 

election  of  assessors,  their  duties,  531. 

treasurer  of  city  of  Portland  shall  be  collector  of  taxes,  531. 

advertisement  of  sale  of  real  estate,  531. 

publication  of  list,  531. 

duty  of  assessors,  532. 

treasurer  and  collector,  532. 

See  Assessors,  28,  29. 
Railroads,  412. 
Schools,  429. 
TEACHERS.     See  Schools. 
THROWING,  stones  or  snow-balls  in  streets,  484. 


694  INDEX. 

TPIEATRICAL  EXHIBITIONS.     See  Amusements. 

TIMBER.     See  Lumber. 

TOWNS,  may  provide  for  support  of  poor  children,  112. 

TOWN-WAYS.     See  Streets,  470. 

TRAINS.     See  Streets,  491,  492. 

TRAMPS,  begging  prohibited,  534. 

definition  of  tramp,  534. 

penalty,  534. 

fees  of  ofiicers,  534. 

punishment  of  tramp,  535. 

entering  a  building,  535. 

injuring  a  person,  535. 

evidence,  535. 

apprehension  of,  535. 

special  constables,  535. 

females,  minors  and  blind  persons  not  affected  by  act,  535. 

advertisement  of  act,  535. 

penalties,  536. 

TREASURER,  to  keep  record  of  lots  in  Evergreen  and  Forest  City  cemeteries, 

99,  108. 
to  report  to  city  council  lots  sold,  99,  108. 
to  execute  certificates  of  lots,  97,  107. 
to  collect  and  receive  rents,  182. 
to  receive  fines  and  penalties,  182. 
to  proceed  to  collect  accounts  without  delay,  182. 
to  report  unsettled  accounts  to  mayor  and  aldermen,  183. 
to  make  up  annual  account  to  first  day  of  April,  183. 
to  be  a  member  of  licensing  board,  281. 
bond  of  licensed  person  to  be  given  to,  282. 
fee  for  license  to  be  paid  to,  282. 
•  to  keep  set  of  standard  weights,  &c.,  564. 
to  keep  seal,  448.     See  City  Auditor,  Finance,  Sinking  Fund,  Taxes, 
to  receipt  to  liquor  agent,  51.     See  Agent. 
See  City  Clerk,  126. 

Finance,  183,  185. 

Railroads,  382. 

Drains  and  Sewers,  148. 

Weights  and  Measures,  564. 


INDEX.  695 

TREASURER  AND  COLLECTOR.     See  Finance,  182,  183. 
TREES,  towns,  cities  and  villages  may  make  by-laws  relating  to,  537. 

not  a  defect  in  the  street,  537. 

injury  to,  537. 

ornamental  trees  on  streets  not  to  be  removed,  &c.,  without  consent 
of  mayor  and  aldermen,  538. 

penalty  if  horses,  &c.,  mutilate  or  destroy,  538. 

shall  not  be  injured  without  consent  of  mayor  and  aldermen,  538. 

horses  and  animals  shall  not  be  fastened  to,  538. 

penalties,  538. 

duty  of  city  marshal  to  prosecute,  538. 

fines  and  forfeitures  thus  collected  to  constitute  a  fund  for  replant- 
ing trees,  538. 

taken  to  be  legally  established,  538. 

record,  539. 
TRUANTS.     See  Schools,  432,  433,  444,  445. 
TRUCKS.    See  Carriages,  87. 
TRUSTEE.     See  Railroads,  380. 
UNDERTAKERS.     See  Cemeteries,  104,  105. 

Health,  272,  273. 
UNLAWFUL  ASSEMBLIES.     See  Riots,  420. 
VACCINATIONS,  443,  256. 
VACANCIES.     See  Elections,  163,  165. 
VAULTS.     See  Health,  265. 
VENIRE.     See  Jurors,  288. 
VESSELS,  on  stocks,  attachment  of,  123. 

anchored  contrary  to  rules.     See  Harbor  of  Portland,  239. 
VICTUALERS.     See  Innholders,  281. 
VINEGAR,  adulteration  of,  540. 

use  of  bad  ingredients,  540. 

inspectors  of,  540. 
VOTERS,  persons  not,  cannot  act  as  auctioneers,  59. 

penalty  for  not  summoning.     See  Constable,  166. 

who  are  legal.     See  Elections,  157. 
VOTES,  returns  of.     See  Elections,  161,  162,  163. 

how  to  determine  highest  number  of,  170. 
WAGONS.     See  Carriages,  87. 


696  INDEX. 

WARD  CLERK.     See  Charter. 
WARDEN,  pro  tern,  may  be  chosen,  164. 

for  islands.     See  Elections,  169. 
See  Charter,  '34. 
See  Wards,  541. 
WARD  MEETINGS,  notice  of,  by  city  clerk,  36. 

See  Elections. 

See  Railroads,  384. 
WARD  ROOMS.     See  Constable  and  Messenger,  109. 
WARDS,  division  of  city  into,  541. 

wardens  and  clerks,  541. 

ward  meetings  how  called,  542. 

ISLAND,  170,  642,  543. 

city  wards  may  have  their  limits  changed,  how,  543. 
WARRANTS.     See  Municipal  Court,  315. 

See  Elections,  158,  172. 
WATCH  AND  WARD,  546. 
WATER,  from  roofs.     See  Ordinances,  153. 

incorporation  of  Portland  Water  Co.  547. 

its  purpose  and  powers,  547. 

liability  to  damages,  547,  548. 

capital  stock,  548. 

rights  of  city  of  Portland,  548. 

authority  to  lay  pipes,  548. 

powers  of  city  in  the  company,  550. 

penalty  to  the  company  for  obstructing  streets,  injuring  property 
and  corrupting  waters,  551. 

erection  of  dams,  551. 

power  of  mayor  and  aldermen,  552. 

first  meeting,  552. 

corporation  may  issue  bonds,  552. 

city  may  exempt  from  taxation  for  six  years,  552. 

an  act  additional  to  charter  of  company,  552. 

contracts  made  binding,  552. 

court  of  equity  to  compel  performance,  553. 

board  of  commissioners,  553. 

time  for  completion  of  work,  553. 

ordinances,  554. 


INDEX.  697 

WATER,  regulations  of  company,  557. 

permits,  557. 

when  streets  shall  be  broken  into,  558. 

damages,  558. 

control  of  street  commissioner,  559. 

when  work  to  be  done,  559. 

obstructions  deemed  nuisances,  559. 

pipes  of,  water  and  of  gas  company.     See  Streets,  501. 

laid  at  expense  of  company,  559. 

penalty  for  injuring  property  of  company,  560. 
WATERING  TROUGHS,  abatement  for,  561. 
WAYS.     See  Streets. 
WATCHMAN.     See  PoUcemen,  349. 
WEIGHERS  AND  G AUGERS,  appointed  and  sworn,  562. 

duties  and  fees,  562. 

shall  pay  for  use  of  scales,  563. 

persons  not  authorized  so  acting,  penalty,  563. 
WEIGHERS  OF  HAY.     See  Hay. 
WEIGHER  OF  HARD  COAL,  how  chosen,  567. 

appointed  and  sworn,  567. 

duties,  568. 

penalties,  569. 

compensation,  569. 

coal  must  be  sold  by  weight,  569. 
WEIGHER  OF  PLASTER,  election  and  compensation  of,  570. 

scales  provided  by  city  and  bonds  given  by  measurer,  570. 
WEIGHTS  AND  MEASURES,  town  seal  and  standard  beams,  weights  and 
measures  kept  by  town  treasurer,  564. 

appointment  of  sealers  and  penalty  for  refusing  to  act  as,  565. 

sealer's  duties  and  penalty  for  neglect  to  perform,  565. 

what  scales  may  be  used,  565. 

measures  for  articles  sold  by  heaped  measure,  566. 

fee  of  sealers,  566. 

by  whom  paid,  566. 
WELLS,  offensive  substances  must  not  be  thrown  into.     See  Health,  266. 
WELLS  AND  PUMPS,  penalty  for  injury  to,  571. 

wasting  water  from,  571. 


698  INDEX. 

WHARVES,  restrictions  on  extent  of,  572. 

notice  for  construction  of,  572. 

Atlantic  and  St.  Lawrence,  572. 

wharf  line  established,  572. 
"WINDOWS,  must  not  project  into  streets,  487. 
WITNESSES,  mayor  and  aldermen  may  compel  attendance  of,  in  some  cases, 

42,  43. 
WOOD,  not  to  be  sawed  or  split  on  sidewalks.     See  Streets,  495. 
WOOD,  BARK  AND  CHARCOAL,  towns  may  regulate  the  measure  and  sale 
of,  574. 

dimensions,  574, 

penalty  of  selling,  before  survey,  575. 

brought  by  water,  how  measured,  575. 

ticket  stating  quantity  and  name  of  driver,  575. 

fraudulent  stowage  of,  penalty,  575. 

how  charcoal  may  be  measured  and  sold,  576. 

coal  baskets  to  be  sealed,  dimensions,  576. 

penalty,  576. 

seizure  of  unlawful  baskets,  576. 

measurer,  refusing  to  give  certificate,  penalty,  576. 

measurers  of  firewood  and  bark,  how  chosen,  576. 

measurement  divided  into  two  branches,  577. 

wood  and  bark  brought  into  city  by  cart,  577. 

city  divided  into  two  districts,  577. 

measurer  must  give  tickets  and  keep  record  thereof,  578. 

teams  with  wood  or  bark  not  to  stand  in  street  longer  than  ten 
minutes,  578. 

cattle  not  to  be  fastened  to  post,  578. 

wood  not  to  be  unloaded  or  piled  in  market,  578. 

seizors  of  baskets  how  appointed,  578. 
WOODEN  BUILDINGS,  restrictions  on  constructing,  77. 
WORK  HOUSES.     See  Paupers,  327  and  page  579. 
WRITS.    See  Municipal  Court,  314. 


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